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FT MEADE 
GenColl _ 


Charter and Ordinances 
City of Beaumont 
1911 





























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CHARTER 


AND 

Revised Code of Ordinances 

OF 

THE CITY OF BEAUMONT 

JEFFERSON COUNTY, TEXAS 

FEBRUARY 7, A. D., 1911 


PUBLISHED BY AUTHORITY OF THE CITY 
COUNCIL OF THE CITY OF BEAUMONT 


CODIFIED BY 

McDowell & davidson, 

BEAUMONT, TEXAS 


F. W. GREER 

PRINTER AND PUBLISHER 

1911 


0 


CHARTER AND ORDINANCES. 


AN ORDINANCE ADOPTING REVISED CODE OF 
ORDINANCES. 


AN ORDINANCE providing for the adoption and 
publication of the Revised Code of Ordinances of the 
City of Beaumont, revised by McDowell & Davidson, and 
providing for the printing thereof. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Section 1. That there is hereby adopted as the Re- 
vised Code of Ordinances of the City of Beaumont, the 

following typewritten or printed pages, same being 

the Revised Code of Ordinances of said City of Beau- 
mont, as codified by McDowell & Davidson, under and 
by virtune of the City Council of the City of Beaumont. 

Sec. 2. That the Charter of the City of Beaumont, 
as enacted by the Thirty-first Legislature of the State 
of Texas, which became a law on the 24th day of March, 
A. D. 1909, and which is incorporated and added to the 
aforesaid ordinances, is hereby enacted as a part of the 
Revised Code of Ordinances of the City of Beaumont, 
Texas, and shall have all the force and effect of other 
ordinances of said City of Beaumont, as far as the pro- 
visions of same might be applicable. 

Sec. 3. That so much of all ordinances of a general 
nature in force on the 7th day of February, 1911, as con- 
flict with the provisions of said Revised Ordinances 
hereby adopted, are hereby repealed, but such repeal 
shall not affect or impair or in anywise repeal any ordi- 
nance providing for the levy or assessment of any taxes, 
(general, special or local) or any ordinance ordering any 


CITY OF BEAUMONT. 


3 


street opened, widened, extended, paved or in any way 
improved, or any ordinance ordering improvements of 
any kind, or granting any franchise; or any ordinance of 
a special or contract nature. 

Sec. 4. That should there be any ordinance of the 
City of Beaumont at this date not inconsistent with, or in- 
any manner in conflict with any of the Revised Ordi- 
nances hereby adopted, but omitted from the Revised 
Code of Ordinances, such ordinance so omitted shall be 
deemed to be and shall be, in full force and effect and not 
affected, impaired or in any manner repealed by the 
adoption of this Revised Code of Ordinances. 

Sec. 5. That the said Revised Code of Ordinances, as 
mentioned hereinbefore, are hereby declared to be in force 
and effect as a whole from and after this date, and all 
ordinances in conflict herewith are hereby expressly re- 
pealed. 

Sec. 6. That it is hereby ordered that said Revised 
Code of Ordinances mentioned hereinbefore, be printed 
and published in book form as may be determined by the 
Council. 

Sec. 7. Be it further ordained that wherever in said 
Revised Code of Ordinances, an office is created or au- 
thorized which is not in effect or operation, that no lia- 
bility shall attach to this City thereunder for any salary 
or pay of any officer, therein mentioned, nor shall said 
office be finally created or in effect or operation until 
the City Council of this City shall have regularly ap- 
pointed such officer or officers and provided specially 
his salary or pay therefor, if any. 

Sec. 8. That whereas, there exists no Revised Code 
of Ordinances adequate to the demands of the City of 
Beaumont, and a public emergency is thereby created, and 
the Mayor of said City has requested that this ordinance 


4 


CHARTER AND ORDINANCES. 


be passed at this session of the City Council, it is there- 
fore ordered that the rules he suspended and that this 
Ordinance be put upon its last reading and final passage 
and be in force from and after this date, and it is so or- 
dered. 

Passed by the City Council, this the 7 day of Febru- 
ary, A. D., 1911. 

Approved by the Mayor, this 7th day of February, 
A. D. 1911. 


EMMETT A. FLETCHER, Mayor 
ATTEST: of the City of Beaumont. 

J. G. Sutton, Secretary, City of Beaumont. 


CITY OF BEAUMONT. 
OFFICERS OF 


5 


CITY OF BEAUMONT, JEFFERSON COUNTY, 
TEXAS. 


April, 1910, to April, 1912. 


Mayor E. A. FLETCHER 

Mayor Pro Tern J. T. BOOTH 

City Attorney A. LUDLOW CALHOUN 

City Engineer C. L. SCHERER 

Asst. City Engineer W. E. SAMPSON 

City Assessor and Collector I. D. ROBERTS 

City Secretary J. G. SUTTON 

Asst. City Secretary E. F. FERGUSON 

City Treasurer PAUL H. MILLARD 


ALDERMEN 
First Ward: 

T. V. SMELKER J. T. BOOTH 


Second Ward: 

DR. J. I. ELLISON* L. F. GILBERT 
R. R. B. HENRY 


Third Ward: 

S. G. BURNETT C. C. ROBERTS 

‘Succeeded Jan. 3rd, 1911, by Alderman Gilbert. 


6 


CHARTER AND ORDINANCES. 


COMMITTEES 

Finance Committee: T. V. Smelker, S. G. Burnett, C. 
C. Roberts. 

Street and Bridge Committee: C. C. Roberts, T. V. 
Smelker, L. F. Gilbert. 

Police Committee: J. T. Booth, R. R. B. Henry, C. C. 
Roberts. 

Public Grounds Committee: R. R. B. Henry, J. T. 
Booth, S. G. Burnett. 

Fire Committee: J. T. Booth, L. F. Gilbert, C. C. Rob- 
erts. 

Ordinance Committee: S. G. Burnett, L. F. Gilbert, J. 
T. Booth. 

Light Committee: L. F. Gilbert, T. V. Smelker, R. R. 
B. Henry. 

Sewerage Committee: S. G. Burnett, R. R. B. Henry, 
J. T. Booth. 

Ordinance Enrolling Committee: Alderman S. G. Bur- 
nett, City Attorney A. L. Calhoun. 

Board of Public Works: C. C. Roberts, T. V. Smelker, 
L. F. Gilbert. 

Records and Accounts: T. V. Smelker, R. R. B. Henry, 
S. G. Burnett. 


PARK COMMISSIONERS 

First Ward: J. F. Keith; Second Ward, I. R. Bord- 
ages; Third Ward, S. W. Pipkin. 


7 


CITY OF BEAUMONT. 

SCHOOL TRUSTEES 
E. A. FLETCHER, Mayor and Ex-Officio Chairman 
G. W. JUNKER, President. LOUIS MAYER, Secretary. 
A. B. BROCK. H. B. FUNCHESS. 

W. W. CRUSE. W. F. KEITH. 

MRS. W. W. KYLE. MRS. R. A. ANDREWS. 

Snpt. of Public Schools PROF. H. F. TRIPLETT 


BUILDING AND ELECTRICAL DEPARTMENT. 
Building, Electrical and Meter Inspector. . . .F. H. REED 


STREET AND BRIDGE DEPARTMENT. 

Acting Street Commissioner C. L. SCHERER 

Asst. Acting Street Commissioner GUY HARDING 


FIRE DEPARTMENT. 

Fire Chief E. E. EASTHAM 

Assistant Chief M. K. FLETCHER 

Fire Marshal D. B. CLARK 


HEALTH DEPARTMENT. 


City Health Officer WIL T. WILLIAMS, M. D. 

City Registrar WIL T. WILLIAMS, M. D. 

Deputy E. F. FERGUSON 

City Bacteriologist W. F. THOMPSON, M. D. 


City Health Inspector D. B. CLARK 

City Scavenger COLEY BERG 


POLICE DEPARTMENT. 


Chief of Police N. N. SMITH 

Assistant R. R. BAKER 


CORPORATION COURT. 


Judge J. D. CAMPBELL 

Clerk E. F. FERGUSON 


8 


CHARTER AND ORDINANCES. 


CONTENTS. 

Part 1. 

CHARTER. 

Part 2. 

CIVIL AND PENAL ORDINANCES. 

Chapter 

1 Rules of Order. 

2 Definitions. 

3 Officers and Their Election. 

4 The Mayor. 

5 The City Attorney. 

6 Assessor and Collector. 

7 City Treasurer. 

8 Police Department. 

9 City Secretary. 

10 Street Commissioner. 

11 City Engineer. 

12 Health Officer. 

13 City Sanitary Commissioner. 

14 Health Inspector. 

15 City Scavenger. 

16 City Electrician. 

17 Stock Policemen. 

18 City Purchasing Agent. 

19 Building Inspector. 

20 Fire Marshal. 

21 Water and Gas Meter Inspector. 

22 General Duties of Officers. 

23 Fixing Salaries of Officers of the City— April, 

1910, to April, 1912. 

24 Division of the City into Wards. 

25 Corporation Court. 

26 Fire Department. 

27 Public Parks. 

28 City Finances. ’ 

29 Public Schools. 


CITY OF BEAUMONT. 


9 


30 Taxation. 

31 Sewer District. 

32 Fire District, and Brick, Stone and Corrugated 

Iron Limits. 

33 Building Regulations. 

34 Elections. 

35 Sidewalks and Streets. 

36 Railroads. 

37 Street Railways. 

38 Hacks, Carriages and Drays. 

39 Traffic Regulations, Rules of the Road, Regula- 

tions of Automobiles and Other Vehicles. 

40 Animals and Birds. 

41 Explosives, Storage of Cotton, etc. 

42 Water Company. 

43 Underground Pipes. 

44 Pawnbrokers. 

45 Fire Escapes for Hotels, etc. 

46 Wholesale Territory for Sale of Intoxicating 

Liquors. 

47 Miscellaneous Offenses. 


Part 3. 

EXTRACTS FROM STATE LAWS. 

48 Extracts from Penal Code. 

49 Extracts from State Constitution. 

50 Extracts from Code of Criminal Procedure. 


Part 4. 

FRANCHISES AND CONTRACTS. 

Chapter 

1 Texas & New Orleans Railroad Company. 

2 Beaumont, Sour Lake & Western Railway Com- 

pany. 

3 Gulf, Colorado & Santa Fe Railway Company. 

4 Gulf, Beaumont & Kansas City Railway Company. 


10 

5 

6 

7 

8 

9 

10 

11 

11a 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

1 

2 

3 

4 

5 

6 

7 

8 

9 


CHARTER AND ORDINANCES. 


Gulf & Interstate Railway Company. 

Texarkana & Fort Smith Railway Company. 
Beaumont Wharf & Terminal Company. 

Texas Tram & Lumber Company. 

Neches Lumber Company. 

Beaumont Ice, Light & Refrigerating Company. 
Beaumont Traction Company. 

Beaumont Traction Company (New). 
Southwestern Telegraph & Telephone Company. 
Postal Telegraph & Cable Company of Texas. 

S. H. Van Wormer, et al. (Beaumont Telephone 
Company.) 

Beaumont Water Works Company. 

Beaumont Gas Company. 

Higgins Oil & Fuel Company. 

John C. Ward, et al. 

Gustave A. Jahn. 

J. M. Guffey Petroleum Company. 

Gulf Refining Company. 

Sanitary Receptacle Company. 

Tom Robinson. 


Part 5. 

BOND ISSUES. 

Funding — General Indebtedness. 
Water Works System Bonds. 

Wharf Bonds. 

Market House and Fire Station Bonds. 
Fire Station and City Hall Bonds. 
Public Improvement Bonds. 

Paving Bonds. 

Sewerage Bonds. 

School Building and Repair Bonds. 





PART I 

* 

CHARTER 

\ 







12 


CHARTER AND ORDINANCES. 


H. B. No. 535. 

AN ACT 

to grant a new charter to the City of Beaumont, in Jef- 
ferson County, Texas, and to fix the boundaries thereof; 
and to repeal all laws and parts of laws in conflict here- 
with, and declaring an emergency. 

Be it enacted by the Legislature of the State of 
Texas: 

Section 1. That the inhabitants of the City of Beau- 
mont, in Jefferson County, and State of Texas, residing 
within the territory herein described shall be and are 
hereby constituted a body politic and corporate by the 
name and style of 4 4 The City of Beaumont ’ 7 , and by that 
name shall have perpetual succession, and shall have all 
the rights, property, real, personal and mixed, immuni- 
ties, powers, privileges and franchises now possessed and 
enjoyed by said city or herein granted, and be subject to 
all its present liabilities and may have a common seal 
and alter the same at pleasure, and may sue or be sued, 
plead or be impleaded in all courts of law and equity; 
may contract and be contracted with; may take, hold 
and convey, lease and acquire or dispose of any property 
for whatever purposes, within the city limits, or within 
the limits of Jefferson County, Texas, together with such 
other powers, rights and duties as are herein provided. 

Sec. 2. That the bounds and limits of said corpora- 
tion shall be as follows: Beginning on the right bank 
at the Water’s edge of the Neches River, where the cen 
ter line of Carroll Avenue in the Neches River Park ad- 
dition to the City of Beaumont strikes said river; Thence 
with the center line of Carroll Avenue to its terminus 
and continuing south to the south boundary line of the 
David Brown league; Thence west with the south boun- 
dary line of the David Brown league to the center of La- 
fayette Avenue on the West Cartwright addition; Thence 


CITY OF BEAUMONT. 


13 


north on the center line of said Lafayette Avenue to its 
terminus and continuing in the same course to the inter- 
section with the south boundary line of the right-of-way 
of the old Beaumont, Sour Lake and Western Railway 
Co., now the Frisco railway; Thence with said boundary 
line to a point opposite to center line of Seventh St. ex- 
tended south; Thence north to the intersection of the cen- 
ter line of Seventh St., in the Oaks and Parkdale addi- 
tions to the City of Beaumont; Thence continuing with 
the center line of said Seventh St., to the intersection of 
the center lien of Laurel Avenue; Thence west with the 
center line of Laurel Avenue to its intersection with the 
center line of Eighth St., in the Averill addition to the 
City of Beaumont ; Thence in a northerly direction with 
the center line of Eighth St., to the intersection with the 
center line of Evalon Street; Thence east with the cen- 
ter line of Evalon Street to the center line of 6th Street; 
Thence northward, at right angles to Evalon Street, to 
a point on the west edge of the Santa Fe Railway right- 
of-way; Thence in a Northwesterly direction along the 
west line of the Santa Fe Railway right-of-way to a point 
opposite the center line of Caldwell Avenue extended 
west; Thence east on the center line of Caldwell Avenue 
to an intersection with the center line of Drake Street; 
Thence northward with the center line of Drake Street 
to an intersection of the center line of Plum Street; 
Thence eastward with the center line of Plum Street to 
the intersection with the center line of Gulf Street; 
Thence in a northerly direction with the center line of 
Gulf Street to a point opposite the center line of Weiss 
Street, extended southwest; thence in a northeasterly di- 
rection to an intersection with the center line of Weiss 
Street; Thence eastward with the center line of Weiss 
Street to the intersection with the center line of Colliers 
Ferry Rdad; Thence in a southeasterly direction to its 
intersection with the center line of Cottonwood Avenue; 
Thence eastward with the Old City Line to Brake’s 
Bayou; Thence down Brake’s Bayou with its meander- 


14 


CHARTER AND ORDINANCES. 

ings to the Neches River; thence down the Neches River 
with its meanderings to the place of beginning. 

Sec. 3. Platting of Property. Should any property 
lying within the city limits as established by this Act 
be hereafter platted into blocks and lots, then and in that 
event the owners of said property shall plat and lay the 
same off to conform to the streets and lots abutting on 
same, and shall file with the city engineer a correct map 
of same; provided, that in no case shall the City of Beau- 
mont be required to pay for any of the said streets at 
whatever date opened, but when opened by reason of the 
platting of said property, at whatever date platted, they 
shall become by such act the property of the City of 
Beaumont for use as public highways and may be cared 
for as such. 

Any territory adjoining the present or future boun- 
daries of said city may from time to time, in any size or 
shape, be admitted and become a part thereof, on appli- 
cation made or written consent given to the City Council 
by the owner or owners of the land or as the case may be 
by a majority of the legal voters resident on the land 
sought to be added. In all such cases, the territory so 
added shall be described by metes and bounds, in an ordi- 
nance accepting, assenting and adding the same to the 
municipal corporation and thereatfer the inhabitants of 
said added territory shall in all respects be on an equal 
footing with the inhabitants of the original municipal 
territory. 

Sec. 4. That the administration of the business af- 
fairs of the said corporation shall be conducted by a 
Mayor and board of aldermen, to be elected by the quali- 
fied voters of the city at large, and to be designated as 
the “Council,” who shall hold their respective offices 
for two years from the time of their election, and until 
their successors shall qualify, or in the event of their 
election or appointment at a time other than a regular 


CITY OF BEAUMONT. 


15 


election, then they shall hold their office until the next 
regular city election, and until their successors shall 
qualify; and no person shall be qualified to fill the office 
of Mayor, unless at the date of his election and for the 
two years next preceding he be a qualified voter and 
bona fide resident of the city and an owner of real prop- 
erty therein; and the said city council may divide the 
city into a convenient number of wards, not more than 
ten, and shall define and establish the boundaries thereof, 
and may change the said boundaries from time to time, 
as may be deemed expedient, having regard for the num- 
ber of inhabitants, so that each ward shall contain as 
nearly as may be the same number of qualified electors. 
And the before mentioned board of aldermen shall con- 
sist of two aldermen elected from among the qualified 
voters of each ward; and provided further that the city 
council may, by ordinance, provide, in the event of said 
city being divided into six or more wards, that said 
board of aldermen shall consist of one alderman selected 
from among the qualified voters of each ward, who shall 
hold office for two years and until their successors are 
elected and qualified; no person being competent to fill 
the office of alderman unless at the date of his election 
and for two years preceding he be a qualified voter of 
the city, and for six months prior to such election a bona 
fide resident of his ward and an owner of real property 
in said city. Should any alderman remove from his ward 
during the term for which he was elected, die, become in- 
sane, or for any other reason become disqualified to dis- 
charge the duties of his office, then his office shall be- 
come vacant and the city council shall by ballot elect a 
proper and duly qualified person, by majority vote of 
all the aldermen elected and qualified, to fill such vacan- 
cy. The aldermen shall receive such compensation as 
may be fixed by the city council, not to exceed five dol- 
lars for each session thereof. 

Sec. 5. All qualified electors of the state who shall 


16 


CHARTER AND ORDINANCES. 


have resided for six months next preceding any election 
for city officials within the limits of said city, shall have 
the right to vote for Mayor and all other elective officers 
of said city; provided, in all elections to determine the 
expenditure of money or assumption of debt, only those 
shall be qualified to vote who are property tax payers 
within the limits of said city. 

Sec. 6. That each ward of the city be established 
and arranged by districts, one polling place for each one 
thousand voters or fraction thereof over 250 voting with- 
in the limits of said ward at the last municipal election, 
and when two or more polling places are established, 
they shall be so located as to be more convenient to the 
greatest number of voters, with a distinct set of election 
officers, ballot boxes and registration books for each 
polling place, which polling places may all be located in 
the same building, provided the voter shall vote in the 
Kard of his residence. That the first general election 
of officers of the city shall take place on the first Tues- 
day in April, 1910, and every two years thereafter and 
the present incumbents shall hold over until their suc- 
cessors shall qualify. 

Sec. 7. There shall be elected by the qualified voters 
of the city, a Mayor, two aldermen from among the qual- 
ified voters of each ward, an assessor and collector of 
taxes, a chief of police, a city treasurer and a city attor- 
ney, who shall hold their respective offices for two years 
and until their successors are elected and qualified, un- 
less sooner removed by the city council; provided, that 
the present officers of said city shall hold their offices 
until the next election of city officers, which shall be held 
on the first Tuesday in April, 1910, each of whom shall 
take the oath of office as provided by the Constitution 
and laws of this State, and shall give such bond as may 
be required by the city council; and this provision shall 
apply to such other officers as the city council may pro- 
vide. 

Sec, 8. The mayor shall, not later than the second 


CITY OF BEAUMONT. 


17 


meeting of the city council after the next city election, 
nominate to the council, candidates for city secretary, 
health officer, city recorder, street commissioner, city 
engineer, chief of fire department, market master, city 
scavenger, city electrician, sewer inspector and such 
other officers as the city council may from time to time 
create, who shall be confirmed by the council. Should the 
city council by a majority vote, reject any appointment 
by the mayor of any officer provided for herein, or re- 
fuse to confirm such appointment, the name of such nomi- 
nee not be again presented to the council by the 
mayor unless the council shall, by a two-thirds vote of 
all the aldermen elected, reconsider their action thereon, 
and the officers confirmed by the city council shall hold 
their respective offices for two years, unless removed by 
the city council, and until their successors are confirmed 
and qualified, and shall perform such duties as may be 
prescribed by the city council. 

Sec. 9. The Mayor with eight citizens of the City of 
Beaumont of good moral character, six of whom shall be 
men and qualified voters of said city, and two of whom 
may be women, shall on and after the date hereinafter 
mentioned, constitute the board of public school trustees 
of said city. The board of school trustees of said city as 
now constituted and existing shall continue as such until 
the first Tuesday in May, 1909, and until their successors 
shall qualify; and should a vacancy occur in said board, 
it shall be filled by the city council, on the nomination of 
the mayor, for the remainder of the term of office, that 
is, until the first Tuesday in May, 1910. On the first 
Tuesday in May, 1909, the city council shall appoint 
eight citizens with the qualifications above set forth as 
school trustees, four of whom shall hold office until the 
first Tuesday in May, 1910, and four until the first Tues- 
day in May, 1911, said trustees to determine by lot at the 
first regular meeting after their appointment the term 
for which each shall hold. On the first Tuesday in May, 


18 


CHARTER AND ORDINANCES. 


1910, and annually thereafter from said date, there shall 
be appointed by the city council four of said trustees who 
shall hold office for two years or until their successors 
shall qualify, and when any vacancy occurs on said 
board the city council shall have full authority to fill 
same for the unexpired term. Said trustees shall take 
the oath of office as prescribed by Article 4020, Revised 
Civil Statutes of the State of Texas, 1895, and shall serve 
without compensation, and together with the mayor, who 
shall be ex-officio member of said board and chairman 
thereof, shall have exclusive charge and control of the 
public schools of said city under the laws of the State 
governing public free schools of independent school 
districts. 

Sec. 10. All elections in the City of Beaumont shall 
be held in accordance with and shall be governed by the 
general election laws of the State of Texas, and all 
amendments thereto, in so far as the same are applicable; 
and the city council shall have power to pass ordinances 
regulating the manner of holding all elections, and de- 
termine who are qualified voters in such elections, not in- 
consistent with the Constitution and Laws of the State 
of Texas. 

Sec. 11. There shall be appointed by the mayor and 
confirmed by the city council, three members of the city 
council, who shall constitute a board of public works. 
They shall hold their offices for two years or until their 
terms of office expire and until their successors are ap- 
pointed. All matters pertaining to public improvements, 
involving an outlay of as much as five hundred dollars, 
shall be referred to said board before they are finally 
approved by the city council; and they shall, within fif- 
teen days thereafter, make their reports thereon, with 
such recommendations as they may deem expedient. 
They shall examine and pass upon all plans and specifi- 
cations relating to such improvements, and on all bids 


CITY OF BEAUMONT. 


19 


for work embraced therein; provided, that the recom- 
mendations of the board of public works, as reported to 
the city council, shall not be final, but may be altered 
or changed by a majority vote of all of the aldermen 
present, and after the completion of any such work shall 
examine and report whether the same has been complet- 
ed according to contract; and no plans or specifications 
for any such work shall be adopted, bids accepted, con- 
tracts awarded or work accepted for any such improve- 
ments until the report of said board in reference to said 
matter shall have been received and acted upon by the 
council. Said board may also originate and suggest pub- 
lic improvements, and prepare and recommend plans 
therefor, including all matters pertaining to their con- 
struction. 

Sec. 12. The regular meeting of the council shall be 
held in the City Council Chamber as often as may be de- 
termined by the city council, not to exceed three regular 
meetings per month, beginning at such an hour as may 
be fixed by said council, and the mayor, of his own mo- 
tion, may call special meetings for the transaction of spe- 
cial business, by causing the city secretary to serve a 
written notice on such aldermen, or leaving the same at 
the residence or usual place of business of each. Any 
three members of the council may in like manner call 
special meetings of the council, but no special meeting 
shall be called except in cases of urgent necessity and 
the notice, served on the aldermen, shall state the pur- 
* pose for which the meeting was called. The council may 
adjourn from day to day until the business properly com- 
ing before it is disposed of. A majority of the whole 
number of aldermen elected and qualified, or the mayor 
and one-half of the aldermen elected and qualified, shall 
be required to constitute a quorum; but any three aider- 
men may convene and compel the attendance of members 
on any day of regular or special meeting, requiring the 
chief of police or any police officer to bring in the absent 


20 


CHARTER AND ORDINANCES. 


members; and the council shall adopt proper rules and 
regulations for the government of its proceedings. The 
council shall be the judge of the qualifications and elec- 
tion of its members, including the mayor, may punish 
members or other persons for disorderly conduct during 
the sittings of the council, to the extent that it may fine 
and imprison, by its ordinances and rules of order; and 
with the affirmative vote of two-thirds of the whole 
number of aldermen elected and qualified may remove 
any officer of the city for any misconduct or offense, 
which in the opinion of the council shall render him un- 
fit to hold his office; but no officer shall be removed 
until he shall have had the opportunity of being heard 
by himself or by his counsel, or both, and in the investi- 
gation of any complaint under this Section the council 
may subpoena and examine witnesses under the usual 
rule for taking testimony. 

The meetings of the council shall be held with open 
doors except when by a vote of a majority of the members 
present it may be deemed expedient, upon a special ques- 
tion, to deliberate with closed doors. The vote on all 
questions shall be in open session of the city council. At 
the first meeting of the council after the newly elected 
members shall have qualified, after every general city 
election, a mayor pro tern shall be nominated by the 
mayor from among the aldermen, and shall be elected by 
the city council, who shall, in the absence or disability 
of the mayor, preside at meetings of the council, and 
who, in case of the absence or .disability of the mayor, 
shall exercise all the functions of that office until the 
return of the mayor, or until such disability be removed. 
In case of a vacancy in any elective office, for whatever 
reason, the council upon nomination by the mayor shall 
fill the vacancy by election of the aldermen elected and 
qualified, except in the case of a vacancy in the office of 
mayor, from whatever cause, when the mayor pro tern 
shall order an election by the people to be held within 


CITY OF BEAUMONT. 


21 


thirty days of the time when the vacancy occurred to fill 
the same, and in the interval the mayor pro tern shall act 
as mayor. 

Sec. 13. The mayor to be elected by the qualified 
voters of the city shall hold his office for the term of 
two years, and until his successor is elected and qualified 
under the preceding Section of this Act. He shall be 
ex-officio chairman of each of the standing and special 
committees of the city council, and shall be ex-officio 
the chief of police of the city, and shall be a conservator 
of the peace throughout the city. He shall have the 
power to appoint any number of policemen on special 
occasions, said policemen to serve only until the emer- 
gency shall be passed, in order to preserve the peace of 
the city. In case of necessity, he shall have the power 
to call out any military company in the city to aid in the 
suppression of any riot or public disturbance. He shall 
be vigilant in enforcing all laws and ordinances enacted 
for the government of the city; he shall preside at all 
meetings of the council when present and in case of a 
tie in the council he shall cast the deciding vote. 

The mayor shall have the power to veto any resolu- 
tion, orinance, act, rule or order passed by the city coun- 
cil, in the following manner; he shall give his reasons 
for objecting to any action of the council subject to veto, 
not later than the regular meeting next succeeding that 
at which such action may be had, which reason so sub- 
mitted shall be entered upon the minutes of the city 
council, and, unless the council shall, at a regular meet- 
ing not later than the one next succeeding the council at 
which the reason for the veto shall be submitted, pass 
such resolution, ordinance, act, rule or order over the 
veto by a vote of at least two-thirds of all the aldermen 
elected, taken by ayes and nays, and entered upon the 
minutes of the council, the said resolution, ordinance, act, 
rule or order so vetoed shall be inoperative. The mayor 


22 


CHARTER AND ORDINANCES. 


shall have and exercise such power and authority as may 
be conferred by the city council, not inconsistent with 
the general purposes and provisions of this Charter, and 
shall have the power to administer oaths, and shall sign 
all contracts and approve all accounts for purchase after 
the finance committee shall have passed upon such ac- 
counts. The mayor shall be ex officio recorder of the 
city and in his absence or inability the mayor pro tem 
shall act, but the city council may, by ordinance, separate 
the office of mayor and recorder, and on the recom- 
mendations of the mayor, appoint some one possessing 
the legal qualifications as recorder, and in the absence 
or inability of the recorder the mayor shall act as re- 
corder in his stead. 

It shall be the duty of the mayor at the last meeting 
of the city council held in January of each and every 
year, to present to the city council a message containing 
a statement of the financial condition of the city, includ- 
ing an estimate of the cost of maintaining the various 
departments of the city government for the past year, 
and such other recommendations as in his judgment he 
shall see fit to make. He shall receive a salary not to 
exceed $3,000.00 per year. 

Sec. 14. The City Secretary shall attend the council 
at its meetings and keep in well bound books a correct 
journal of the proceedings of that body; he shall be the 
custodian of the laws and ordinances of the city, and of 
all its papers, records and archives, and also the cus- 
todian of the common seal of the corporation, and shall 
affix the same to the lawful obligations of the city with 
his attestations, and to certificates and other matters 
necessary of attestation emanating from his office, and 
may administer oaths in all matters pertaining to his 
office in city affairs. He shall keep the accounts of the 
city with accuracy and in well bound books, showing at 
ail times the outstanding indebtedness of the city of 


CITY OF BEAUMONT. 


23 


every description, and expenditures of each department 
separately, and the sums due the city, and shall for every 
obligation of the city, properly approved as provided 
herein, issue against the city treasurer a warrant for 
such sum as may be due; and he shall do and perform 
such other acts as he may be empowered by the city 
council to do; and all copies of the proceedings of the 
city council or of other papers, composing the records 
of the city, when duly attested by the said secretary, un- 
der seal of the city, shall be received as original testi- 
mony in all courts of this State. He shall receive such 
salary as shall be fixed by the city council, not to exceed 
two thousand four hundred ($2400.00) dollars per annum. 

Sec. 15. The City Treasurer shall have the custody 
of all the money belonging to the city, and shall receive 
all moneys and revenues coming into the city treasury, 
and pay the same out on properly issued warrants, and 
shall give ample and acceptable bond to cover all funds 
in his custody. He shall keep the moneys of the city on 
deposit in some bank in the city of Beaumont, as he may 
be directed by the city council, and shall keep his ac- 
count in well bound books, which books shall be open to 
the inspection of any citizen at any reasonable and proper 
time. He shall prepare and publish in some newspaper 
printed in the City of Beaumont, an accurate and de- 
tailed statement and account of the receipts and dis- 
bursements of the revenues of the city, and the condi- 
tion of the treasury, which statement shall be prepared 
and made up to the last day of December of each year 
and published on or before the first day of March follow- 
ing; and should the said statement not be made in the 
manner and at the time provided above, the city treas- 
urer shall be liable to a penalty of $300.00 to be recovered 
in the county court of Jefferson County, at the suit of 
the city attorney for and in behalf of the City of Beau- 
mont, and the sureties of the city treasurer on his official 
bond shall be liable for the amount of such penalty. He 


24 


CHARTER AND ORDINANCES. 


shall also be the treasurer for and receive and disburse 
the school funds of the city. He shall receive for his ser- 
vices as treasurer the sum of five dollars per annum, 
and no other compensation. 

Sec. 16. That the chief of police shall be the chief 
police officer of the city, under the mayor. He shall in 
person, or by some officer of the police force, attend all 
regular and special meetings of the council. He shall 
attend upon the recorder’s court and shall promptly exe- 
cute and return all process issued from said court. 
He shall be active in quelling riots, disorders and 
disturbances of the peace within the limits of 
said city. He shall arrest all offenders against 
the ordinances of the city for offenses committed 
in his presence or upon information or demand of 
any reliable person, and shall have authority to take 
bail for their appearance before the recorder, and in de- 
fault of giving such bail he shall commit them to the city 
prison for safe keeping, until they can be brought before 
the recorder for trial; he shall receive a salary of not 
to exceed two thousand four hundred dollars ($2,400.00) 
perannum, and all fees in the corporation court that shall 
hereafter have accrued to such officer shall be paid into 
the city treasury for the use and benefit of the city; it 
shall be the duty of the chief of police and all members 
of the police court to file in the recorder’s court all com- 
plaints against persons arrested by them for the com- 
mission of offenses of which the corporation court has 
jurisdiction. He shall have authority to appoint one 
deputy, who shall be confirmed by the city council, for 
whose acts and conduct he shall be responsible, who may 
be suspended by the city council for inefficiency, neg- 
lect of duty or misconduct, and such deputy shall have 
all the power and authority of the chief of police, and 
shall receive such compensation as may be fixed from 
time to time by the city council, not to exceed one hun- 
dred dollars ($100.00) per month. The Chief of Police 


CITY OF BEAUMONT. 


25 


shall perform such other duties, and shall be vested with 
such other powers, rights and authority as the city coun- 
cil may by ordinance confer, not inconsistent with the 
Constitution and Laws of this State. He shall be at all 
times under the direction and control of the mayor and 
city council, and upon written charges being preferred 
after trial, he may, by a two-thirds vote of all of the 
aldermen, be suspended or removed from office for cause 
deemed by them adequate. He shall not absent himself 
from the city without obtaining from the mayor or city 
council a leave of absence, which shall state the duration 
of his absence. And the chief of police may suggest to 
the mayor the proper persons for members of the police 
force of the city of Beaumont, of which force he shall 
have direct control under the direction of the ordinances 
and the mayor of the city of Beaumont. 

Sec. 17. The city attorney shall receive such salary 
as may be fixed by the city council, not to exceed three 
thousand dollars ($3,000.00) per annum; and the said 
compensation when fixed may be increased during his 
term, but not diminished. The city attorney elected in 
1910 shall serve for two years and until his successor 
be elected and shall qualify. Said officer shall repre- 
sent the city in all litigation and in all controversies. 
The City Council shall be empowered at its discretion 
to employ an assistant or assistants, and to fix the com- 
pensation to be paid for such service and such city at- 
torney and his assistants shall have authority to admin- 
ister oaths and affidavits. It shall be the duty of the 
city attorney, when called upon by the city council, to 
approve in writing all proposed ordinances, before they 
shall be adopted, or to file with the city council in writ- 
ing his objections thereto. It shall be his duty to draft 
all proposed ordinances, granting franchises, and such 
other ordinances as the city council may direct. It shall 
be the duty of said officer to inspect and pass upon all 
papers, documents, contracts and all other instruments 


26 


CHARTER AND ORDINANCES. 


ip which the city may be interested. He shall be the 
legal adviser of the mayor, the city council and school 
hoard, or any committee thereof, and all city officers 
and employees with respect to any legal question involv- 
ing any official duty or any other matter pertaining to 
the affairs of the city of Beaumont. The City Attorney 
shall perform such other duties as the city council may 
direct. Whenever it shall be brought to the knowledge 
of the city attorney through the affidavit of ten cred- 
ible persons, or otherwise, that any person, firm or 
corporation exercising and enjoying any franchise or 
privilege from the city of Beaumont has been guilty of 
a breach of any condition of such grant, or has failed to 
comply in any material manner with the terms and stip- 
ulations thereof, it shall be the duty of said officer to 
make report of this matter to the city council, together 
with all facts bearing upon the same, which may be 
brought to his attention. If the City Council shall de- 
termine that said complaints are well founded it shall be 
its duty to take such action as may be necessary, and in 
the event the offending person, firm or corporation shall 
fail or refuse to conform to such orders, as it may make 
with respect thereto, it shall be the duty of the city coun- 
cil to direct the city attorney to institute suit in the court 
having jurisdiction thereof, against such person, firm or 
corporation, so offending, to obtain a judgment of for- 
feiture of said franchise or privilege, provided the city 
council shall have the right to employ additional legal 
service whenever deemed necessary. The city attorney 
shall attend all meetings of the city council, unless ex- 
cused. The city attorney shall receive no fees except as 
herein otherwise specially provided. 

Sec. 18. There shall be a court for the trial of mis- 
demeanor offenses, known as the “ Corporation Court,’ ’ 
with such powers and duties as are defined and pre- 
scribed in an act of the Legislature of the State of Texas; 
and any acts amendatory thereof, entitled, “An Act to 


CITY OF BEAUMONT. 


27 


Establish and Create, in each of the cities, towns and 
villages, of this State, a State Court, to he known as the 
‘Corporation Court’ in such city, town or village, and 
to prescribe the jurisdiction and organization thereof, 
and to abolish municipal courts.” 

The magistrate of this court shall be known as the 
“Judge of the Corporation Court”; he shall be a quali- 
fied voter of the eity of Beaumont, shall be nominated 
by the mayor and confirmed by the city council, shall 
hold his office for two years, unless sooner removed by 
the city council, and shall receive such salary as may be 
fixed by the city council, which salary may be increased, 
but not diminished during his term of office. 

There shall be a clerk of said court, and such depu- 
ties as may be created or provided for by ordinance, 
adopted by the city council, who shall be appointed by 
the mayor and confirmed by the city council, and shall 
reecive such salary as may be fixed by the city council. 

The Clerk of said court and the deputies thereof 
shall have the power to administer oaths and affidavits, 
mahe certificates, affix the seal of the court thereof, and 
generally to do and perform all things and acts, usual 
or necessary to be performed by clerks of courts, in issu- 
ing process of said courts and conducting the business 
thereof. 

The city council may require such clerk or deputies 
created by it to perform such other duties, in addition to 
the duties of clerk or deputy clerk, as may be prescribed, 
or may provide that some other employee or employees 
of the city, in addition to other duties, may perform the 
duties of such clerk or deputy clerk, without extra com- 
pensation. 

Sec. 19. The following are peace officers of the 
city of Beaumont. The mayor, chief of police, deputy 


28 


CHARTER AND ORDINANCES. 


chief of police, patrolmen, policemen, and every private 
citizen especially appointed by the mayor or the city 
council of the city of Beaumont to execute criminal pro- 
cess, and every private citizen when called on by the 
chief of police. Whenever a peace officer of said city 
meets with any resistance in discharging any duties im- 
posed upon him by law, he may summon a sufficient 
number of citizens of said city to overcome the resist- 
ance. A peace officer or any other person may, without 
warrant, arrest an offender when the offense is com- 
mitted in his presence or within his view, if the offense 
is one classed as a felony or as an offense against the pub- 
lic peace, or against any of the ordinances of the city of 
Beaumont, or any person found in suspicious places or 
under circumstances which reasonably show that such 
person has been guilty of some felony or breach of the 
peace, or threaten or about to commit some offense 
against the laws, either of the city or State. When it is 
shown by satisfactory proof to a peace officer upon rep- 
resentation of a credible person, that a felony has been 
committed and that the offender is about to escape, so 
that there is no time to procure a warrant, such person 
may, without warrant, pursue and arrest the person ac- 
cused. 

Sec. 20. The assessor and collector shall assess and 
collect all licenses and taxes levied and imposed by the 
city council, and shall pay the same over to the treas- 
urer daily, and take duplicate receipts therefor, one of 
which he shall retain and the other he shall return to 
the council with his report in detail, showing the sev- 
eral amounts received, by whom paid, which report shall 
be made to the first meeting of the council in each month. 
He shall be governed by the rules and regulations here- 
inafter prescribed in relation to the assessment and col- 
lection of licenses and takes imposed by the city council, 
and shall do and perform such other acts and duties con- 
cerning the administration of his office as may be pre- 


CITY OF BEAUMONT. 


29 


scribed by the city council, and shall receive such com- 
pensation as the city council may fix, not to exceed thir- 
ty-six hundred ($3,600.00) dollars per annum, and may 
appoint one or more deputies who shall be paid by said 
tax assessor and collector. 

Sec. 21. The street commissioner, when one is ap- 
pointed, shall have oversight of and shall personally 
supervise the work of the men employed for work on 
streets and bridges, and when he may deem expedient 
shall make such suggestions to the mayor and street and 
bridge committee, as will facilitate the work of the street 
and bridge forces, but shall have no power to contract 
any indebtedness on the part of the city for material 
or labor, unless on the order of the mayor, and shall be 
under control of the mayor and city council as to work 
to be performed and as to the manner of doing same. He 
shall correctly keep the time of men and teams employed 
and make report of the same weekly to the mayor, duly 
certified, and shall also keep correct account of tools 
and material used in his work, and make monthly re- 
ports at the first regular meeting in each month to the 
city council, showing the amount of work performed, 
the itemized cost of same, and the tools and material on 
hand on the last day of each month, and the cost of labor 
and teams for said month. He shall be required to take 
the oath of office, as may be prescribed by the city coun- 
cil and shall receive such compensation as the city coun- 
cil may fix. 

Sec. 22. The city engineer shall be a skilled and 
professional civil engineer. He shall be required to 
enter into bond payable to the city of Beaumont in such 
sum as the city council may from time to time direct, 
and shall perform such services as may be required of 
him by resolution or ordinance, and shall receive such 
remuneration as the city council may from time to time 
decide upon; provided, the city council may at any time 


30 


CHARTER AND ORDINANCES. 


dispense with the office of street commissioner, and the 
city engineer shall perform the duties of said office. 

Sec. 23. It shall be the duty of the sewer inspector, 
when one is appointed, to inspect all sewerage and plumb- 
ing work performed in the city of Beaumont, and take 
such steps as may be necessary to enforce the observance 
of all ordinances of said city relating to plumbing, sew- 
erage and drainage, and also to perform such other ser- 
vices relating to the engineering department of the city 
government as may be required of him by the city en- 
gineer and sewer committee, and may receive -such fees 
and compensation as the city council may provide by 
ordinance. 

Sec. 24. The city health officer shall be a physician 
in good standing, and shall in conjunction with the mayor 
and city council have general charge of the sanitation of 
the city. He shall keep a register of births and deaths 
in the city, and shall report the same to the council at the 
first meeting of that body in each month; and shall do 
and perform such other acts and shall be guided by such 
regulations as may be prescribed by the city council, and 
shall receive such compensation as may be fixed by the 
city council. 

Sec. 25. The city scavenger in all mattei pertaining 
to privies and water colsets shall have and exercise such 
powers as may be lawfully conferred upon him by the 
city council, which shall have authority to provide by 
ordinance that he may collect his fees in advance, and 
it shall be the duty of all persons to obey his orders or 
instructions in reference thereto, under penalty of fine 
to be fixed by ordinance; he shall be the only person 
with power to remove night-soil, and shall receive such 
fees as may be fixed by the city council, and shall do and 
perform such other duties as may be lawfully prescribed 
by- the city council; and shall in all things be guided by 
the ordinances of the city and the laws of the State. 


CITY OF BEAUMONT. 


31 


Sec. 26. The chief of the fire department shall have 
charge of the fire department of the city, including the 
men, horses, apparatus and houses, under the control of 
the mayor, city council and fire committee of the city, 
and under such regulations as may be established by or- 
dinances. He shall make a monthly report to the city 
council, and may at any meeting of the council make 
such suggestions with reference to the affairs of his de- 
partment as in his opinion will enhance its efficiency; 
and he shall have power under direction of the city coun- 
cil to remove any structure which may be a menace to 
adjacent property. He shall do and perform such other 
acts as he may be lawfully directed to do by the city 
council, and receive such compensation as may be fixed 
by the city council. 

Sec. 27. The officers named in this Charter shall 
perform the duties prescribed by this Act, and such 
other duties as may be prescribed by resolution or or- 
dinance. And there shall be such other officers, ser- 
vants and agents of the corporation as may be provided 
by ordinance, to be appointed by the mayor with ap- 
proval of a majority of all the aldermen present at any 
meeting when such officer, servant or agent shall be 
nominated, as herein provided, who shall perform such 
duties and receive such compensation as may be pre- 
scribed by resolution or by ordinance. The council may 
require any officer or agent of the city, as it may deem 
proper, to give good and sufficient bond, with approved 
security, for the faithful performance of his duties, in 
such sums as it may prescribe. That bonds shall be re- 
quired of the city treasurer and collector in any amount 
not less than double the amount of funds which may 
probably be in his hands at one time, to be determined 
by the city council, which bonds shall be upon such con- 
ditions as may be determined by the city council with 
good and sufficient sureties to be approved by the city 
council; and the city council shall in like manner re- 


32 CHARTER AND ORDINANCES. 

quire bonds of any officer or agent of the city through 
whose hands money of the city may pass. 

Sec. 28. That the rules, orders, resolutions and or- 
dinances of the city shall be enforced by fine not to ex- 
ceed two hundred ($200.00) dollars; provided, that no 
ordinance shall provide a greater penalty than is pre- 
scribed for like offense by the laws of the State. The 
city council may provide by ordinance for the commuta- 
tion of fines imposed by labor in a work house, on the 
streets, or public works, or otherwise, as the council may 
legally provide, and for the collection of any fine im- 
posed, execution may be issued from the recorder’s court 
in the name of the city of Beaumont against the goods 
and chattels, lands and tenements of the persons so fined. 

Sec. 29. The city council shall have the exclusive 
control and regulation of all streets, alleys, public 
grounds and highways, within the corporate limits of 
the city, and all public parks and grounds, belonging to 
the city, whether within or without the corporate limits 
of said city; and shall have power to abate and remove 
encroachments thereon in a summary manner, to put 
drains and sewers therein, and when necessary condemn 
private property for such purposes; to permit, to pre- 
vent and to regulate the laying of gas and water mains, 
and underground conduits of all kinds for whatever 
purpose therein, and the erection of telegraph, telephone, 
electric light and street and interurban railway poles 
therein; to impose such terms as to them may seem 
proper for the use of the streets and sidewalks, alleys 
and public grounds, for any purpose whatever, and by 
any person or corporation, and to demand and collect 
for the use of the same such compensation as to the city 
council shall seem meet and proper; to regulate, estab- 
lish and change the grade of all sidewalks, streets and 
premises, and to require and compel the cutting down 
or filling up and raising of such streets, alleys and prem- 


CITY OF BEAUMONT. 


33 


ises; to construct, regulate and keep in repair all bridges, 
culverts, sewers and crossings, and to control and regu- 
late the use of the same; to construct, regulate and keep 
in repair all necessary sidewalks and footways and 
streets ; to grade, cut down and fill up and pave the same ; 
to regulate the use and abate and remove encroachments 
and obstructions thereon, and to compel the removal of 
the same, and to punish any person or corporation by fine 
or by the imposition of a penalty, as may be provided by 
ordinance, to be collected in a civil suit, who shall en- 
croach upon or obstruct the same, or who shall fail to 
have such encroachments withdrawn, or such obstruc- 
tion removed, after being notified by order of the city 
council to remove or withdraw the same, and to provide 
by ordinance that each day such encroachments or ob- 
structions are permitted to remain after notice is served 
may constitute a separate offense. 

Sec. 30. The city council is hereby authorized and 
empowered to take and condemn land and real estate 
within the corporate limits of said city to the public use 
for streets, alleys and highways, and for extending and 
widening the same, and for public wharves and landing 
places for steamers and other craft; for public schools 
and public squares, parks, pleasure grounds, and for all 
other public purposes. For the condemnation of any 
land or real estate, the following proceedings shall be 
had: The city council shall pass a resolution describing 
by metes and bounds the land to be condemned, stating 
for what public purpose it is intended to be used, and 
thereupon the provisions contained in the Revised Civil 
Statutes of the State of Texas, A. D. 1895, and subsequent 
acts of the Legislature relating to the condemnation of 
lands by railway companies, shall regulate and control 
the proceedings had and taken by said city for condem- 
nation purposes, so far as applicable; provided, that no 
person’s property shall be taken, damaged, or destroyed 
for the purposes above named except upon adequate 


34 


CHARTER AND ORDINANCES. 


compensation being paid or secured by a deposit of 
money in the manner provided by law in condemning 
property for railroads. 

Sec. 31. The city council shall have authority by 
ordinance or resolution to order the filling up and drain- 
age of any property where water is liable to accumulate 
and become stagnant; to order the proper and permanent 
connection of sinks and water closets with the public 
sewers, the removal of privies and the filling up of cess 
pools; to order the cutting of weeds and tall grass on 
private property, and on the adjacent sidewalks; gen- 
erally to order and control the doing of any work of a 
sanitary character which may be deemed necessary on or 
about any premises within the limits of the city of Beau- 
mont, and to prescribe the time within which the same 
shall be done; and in no event shall any such work be 
charged against the city, but the expense shall be de- 
frayed by the owners of the property involved. 

Sec. 32. No person shall erect any building or 
fences in the city without first obtaining a permit, and 
having the lines of his property established by the city 
engineer; provided, that fences may be constructed on 
interior lines without such permit, but all permits for 
building houses and fences shall be issued by the city 
engineer and approved by the mayor. 

Sec. 33. That the city council shall have power to 
take such measures as they deem effectual, not incon- 
sistent with the General Laws, to prevent the entrance 
of any pestilential, contagious or infectious disease into 
the city ; to stop, detain and examine for that purpose any 
person, or any railway train, boat or other public or pri- 
vate conveyance, coming from any place infected or be- 
lieved to be infected with such disease; to establish, 
maintain and regulate pest houses or hospitals within the 
city, or not to exceed five miles from its bounds; to cause 
any person who shall be suspected of being infected with 


CITY OF BEAUMONT. 


35 

any contagious disease to be sent to such pest house or 
hospital; to remove from the city or destroy any furni- 
ture, wearing apparel or property of any kind which 
shall be suspected of being tainted or infected with pesti- 
lence; to prevent persons from infected places coming 
into the city of Beaumont, and to adopt any sanitary 
measure whereby the health of the city may be protected 
and improved; but said corporation shall not have power 
or authority to prevent railroad trains and passengers, 
therein from passing through the city, but may regulate 
the speed of such trains passing through and prevent 
their stopping and in the exercise of such duties the city 
shall be held as exercising governmental functions. 

Sec. 34. The City of Beaumont shall have the right 
by ordinance duly passed by the city council, to exer- 
cise such powers as may be necessary under the State 
Law for the following purposes: 

To secure the safety and convenience of passing 
in the streets, sidewalks and other places in the city. To 
fix the squaring and to prevent encroachments and ob- 
structions on the streets, sidewalks, squares, ways, levies, 
public roads and places. To establish an active system 
of inspection over the conduct of persons and premises. 
To establish and maintain a city police, prescribe the 
duties of policemen and regulate their conduct. To 
provide for lighting streets by gas, electricity or other 
means, and for this purpose may establish gas works 
or electric works for the manufacture of gas or elec- 
tricity for the use of the city and the. inhabitants thereof. 
To determine what part of the city slaughter houses, 
bone boilers, soapmakers, brickyards and other estab- 
lishments of any business which is or may be injurious 
to the value of adjacent property, or unwholesome or 
disagreeable to the occupants of adjacent property, shall 
not be allowed to be carried on or to be allowed, and to 
regulate the same, and provide for the removal of such 
establishment. To prevent gunpowder or other explo- 


36 


CHARTER AND ORDINANCES. 


sive material, kerosene, oil or other inflammable material 
or oils being stored within the city limits, in such quan- 
tities as to endanger the safety of the adjacent property; 
to provide means for the protection against and the ex- 
tinguishment of conflagration, and for the regulation, 
maintenance and support of a fire department, to permit 
or forbid theatres, moving picture shows, balls and 
other public amusements, and to suppress the same when- 
ever the preservation of order, tranquility, or public 
safety may require. To close dram shops, drinking sa- 
loons and other * 1 places where intoxicating liquors are 
sold, and variety theaters, whenever necessary in cases 
of conflagration, riot, mob violence or disorder. To de- 
fine what shall be a nuisance in said city, and to abate 
same by summary proceedings. To prohibit and pun- 
ish keepers and inmates of bawdy houses, and to segre- 
gate and regulate variety shows, and to determine such 
inmates and keepers to be vagrants, and to provide the 
punishment of such persons. To provide a work house or 
other means of punishment for vagrants and disorderly 
persons who are unable to pay fines, and to make regu- 
lations concerning the same. To regulate weights and 
measures and to fix penalties for not using the same, 
and to provide that inspection fees may be fixed by or- 
dinance and shall be paid by the owner of such weights 
and measures. To provide and keep a city prison. To 
made all needful and proper regulations concerning keep- 
ers of taverns, grog shops and other public houses, dray- 
men, horse drivers, water carriers, omnibus drivers, hack 
drivers and drivers of baggage wagons, automobiles and 
other vehicles, and specially to preserve order and pre- 
vent noise and confusion in and about the several depots 
on the arrival and departure of railway trains, and to 
locate when, where and how hacks, wagons and other 
vehicles shall stand at depots, hotels and other public 
places. To prevent extortion by carriers of passengers 
or baggage, hacks, drays and all public conveyances, by 
establishing maximum rates of charges. To suppress 


CITY OF BEAUMONT. 


37 


gambling houses, and to punish keepers of gambling 
houses and pool sellers, and all persons who shall play 
at cards, or games of any kind, and to punish persons 
who sell lottery tickets, and who advertise the lottery 
drawings or scheme, and the results of the drawing of 
lotteries. To require railway companies and street rail- 
way companies and interurban railway companies to 
keep the streets over which they run properly drained, 
<and if by the construction of the track, travel be thrown 
to one side, then the streets, at the points shall be kept 
in repair by such company, and to light the same when- 
ever deemed necessary. To require steam, street rail- 
way and interurban railway companies to construct and 
keep in repair, from curb to curb, bridges and crossings 
at the intersection of streets and avenues and over all 
ditches, sewers and culverts on the line of railways on all 
streets over which they run. To regulate the speed of 
engines and locomotives and street cars within the city. 
To regulate burial grounds and cemeteries and to pro- 
hibit the burial within the city limits, if deemed advisa- 
ble, and to condemn and close cemeteries and burial 
grounds in the thickly settled portions of the city when 
demanded by the public interest; to remove, or cause to 
be removed, all bodies interred in such condemned and 
closed cemeteries and burial grounds, and cause them to 
be re-interred in a suitable place, and to use such con- 
demned grounds for such purposes as may best subserve 
the interest of the city. To direct and control the con- 
struction of steam railroad, street railway and interur- 
ban railway tracks, turnouts and switches, to regulate 
the grades of the same, where they are below or above 
the city grades, and that they be required to be con- 
structed and laid out so as to interfere as little as possi- 
ble with the ordinary travel and use of the streets. The 
city council may provide, own and maintain gas works, 
electric light works and water works for the use of the 
city and the inhabitants and for that purpose may issue 
and cause to be issued, the bonds of the city, in such 


38 


CHARTER AND ORDINANCES. 


sums as may be requisite and necessary, which bonds 
shall bqar interest at the rate of not exceeding six per 
cent, and shall be sold at not less than par. The city 
council, by ordinance, shall fix the denomination of such 
bonds and the date of their maturity; provided, that no 
such bonds shall be issued nor sold until a plant of suffi- 
cient capacity has been contracted for, and then only a 
sufficient number of bonds shall be issued to cover the 
actual cost of construction or purchase; and provided 
further, that all city bonds issued shall be issued in com- 
pliance with the Constitution and Laws of the State of 
Texas and amendments thereto. The city council shall 
have authority to provide for a system of public free 
schools and for a public library in the city of Beaumont, 
and to this end, make appropriations of the revenues of 
the city in amounts within the discretion of the council, 
and may receive donations of books, papers, magazines, 
periodicals and other property or money for the benefit 
and maintenance of such public free schools and public 
library. The city council shall have the power and au- 
thority to make all needful and proper regulations in 
regard to butchers and persons selling meats, game or 
fish, and shall have the power to compel all such butchers 
and persons selling meats, game or fish, to have the same 
inspected before it can be offered for sale, and may pre- 
scribe by ordinance the manner in which the same shall 
be inspected, and shall have the power to compel any 
person so offering meats, game or fish for sale to pay an 
inspection fee to the city for having his meats, game or 
fish inspected. The city council shall also have the power 
to require that all animals shall be inspected on hoof be- 
fore the meat can be offered for sale. The city council 
shall also have the right and power to establish or to ar- 
range for establishing one or more slaughter houses, 
slaughter pens, either in the city limits or on the outside 
of same, and may require that all meats to be sold in the 
city shall first be inspected on the hoof and slaughtered 
in said slaughter houses and pens, to pay to the city a 


CITY OF BEAUMONT. 


39 


fee for said inspection and privilege of slaughtering at 
said slaughter houses. To provide for the regulation 
of bakers, and of prescribing the weight, quality and 
price for bread manufactured and sold in the city of 
Beamont, according to the price of material or other- 
wise; and to provide for the inspection of milk cattle, 
whether kept within or without the city limits, from 
which milk is sold within the city, and provide for the 
inspection of milk offered for sale. To establish and 
regulate public pounds and to regulate, restrain and 
prohibit the running at large of horses, mules, cattle, 
sheep, swine, goats and geese, and to authorize the dis- 
training, impounding and sale of the same for the cost 
of proceeding and the penalty incurred and to order 
their destruction when they cannot be sold, and to im- 
pose penalties on the owners thereof for violation of any 
ordinance, and to impose penalties on the owners or 
keepers thereof. To tax, regulate, restrain and prohibit 
the running at large of dogs and to authorize their de- 
struction when found at large contrary to ordinance, 
and to impose penalties upon the owners or keepers 
thereof. To prohibit and restrain or regulate the firing 
of fire crackers and other fireworks, use of velocipedes 
and bicycles, automobiles, oldsmobiles, locomobiles, and 
other vehicles of like character; or use of any pyrotechnic 
or any other amusements or practices tending to annoy 
persons passing in the streets or sidewalks or to frighten 
horses or teams; to restrain and prohibit the ringing of 
bells, or the blowing of horns and bugles, crying of goods 
and all other noises, practices and performances tending 
to the collecting of persons on the streets and sidewalks, 
by auctioneers and others for the purpose of business, 
amusement or otherwise. To prohibit and regulate the 
ringing of bells and blowing of whistles of railroad en- 
gines and locomotives within the city limits. To pre- 
scribe the fees that shall be paid the city scavenger for 
the removal of night soil; to prohibit any one except the 
city scavenger or those in his employ from removing or 


40 


CHARTER AND ORDINANCES. 


carrying away the contents of any privy, vault or water 
closet or any other receptacle of human excrement. The 
right to prescribe by ordinance that it shall be the duty 
of the city scavenger, whenever in his judgment it may 
be necessary, to notify the tenants or owners of property 
that their premises need cleaning, and to have the same 
cleaned within a certain time, and fine any person who 
fails or refuses to do so. To prevent any person from 
bringing, depositing or having within the limits of said 
city any dead carcasses or other offensive or unwhole- 
some substances or matters, and to require the removal 
or destruction by any person who shall have placed, or 
caused the same to be placed upon or near his premises, 
or elsewhere, any substance or matter, filth or putrid or 
unsound beef, pork or fish, hides or skins of any kind, 
and on his default to authorize the removal or destruc- 
tion thereof by some officer of the city, and require the 
owner of any dead animal to remove the same to such 
place as may be designated. To regulate the construc- 
tion, operation and use of switches, to the various man- 
ufacturing plants by railroads in the city. It shall have 
the power to arrange as far as practicable switching fa- 
cilities for all railroads now or which may hereafter be 
in the city. No prevent, regulate and control the driving 
of cattle, horses and all other animals into or through 
the city. To prevent all trespasses, breaches of the peace 
and good order, assault and batteries, fighting, quarrel- 
ing, using abusive, obscene, profane, vulgar and indecent 
language, misdemeanors and all disorderly conduct, and 
punish all persons thus offending. To prevent and pun- 
ish the keeping of houses wherein indecent, loud or im- 
modest theatrical representations are given, and to adopt 
summary measures for the removal or suppression of all 
such establishments. The city council shall have the 
power to require on due notice all steam or street rail- 
way companies owning tracks within the city limits 
which may have been or which may hereafter be aban- 
doned by them by non-use, to remove such tracks and re- 


CITY OF BEAUMONT. 


41 


store, at their own expense, the street or way upon which 
such abandoned track is located, to a proper grade. To 
prevent, prohibit and suppress horse racing, immoderate 
riding or driving in the streets; to prohibit and punish 
the abuse of animals; to compel persons to fasten their 
horses or other animals attached to vehicles or other- 
wise while standing or remaining in the streets. To re- 
strain and punish vagrants, mendicants, street beggars 
and prostitutes, inmates of bawdy and disorderly houses 
and gamblers, and the different kind of vagrants, as de- 
fined by the State Penal Code. The city council, for the 
purpose of guarding against the calamities of fire may 
prohibit the erection, building, placing, moving or re- 
pairing of wooden buildings within such limits in said 
city as they may designate and prescribe, and may also, 
within said limits, prohibit the removing of any wooden 
building, from one place to another, or the erection 
thereof, and may direct, require and prescribe that all 
buildings within the limits so designated and prescribed, 
as aforesaid, shall be made or constructed of fire proof 
materials; and to prohibit the rebuilding or repairing of 
wooden buildings within the fire limits when the same 
shall have been damaged to the extent of fifty per cent 
of the value thereof; and may prescribe the manner of 
acsertaining such damage; may declare all dilapidated 
buildings to be nuisances, and direct the same to be re- 
tired, removed or abated in such a manner as they shall 
prescribe and direct; to declare all wooden buildings in 
the fire limits, which they deem dangerous to contiguous 
buildings, or in causing or promoting fires, to be a nui- 
sance, and require and cause the same to be removed in 
such manner as they shall prescribe and may prescribe 
limits within which only fire proof roofing may be used, 
and may impose a penalty for violation of such rules and 
regulations. The city council shall also have power to 
pass ordinances authorizing the destroying of clothing, 
bedding, furniture and buildings infected with germs of 
any contagious or infectious disease, when in the dis- 


42 


CHARTER AND ORDINANCES. 


cretion of the city council the public health requires the 
destruction of the same, and may also, in the same man- 
ner, authorize the destruction or removal of buildings 
or other objects, after the same shall have been declared 
a nuisance by the city council; provided, the city shall 
pay the value of such property to the owner thereof. 
And generally to make and establish all rules, regula- 
tions, by-laws and ordinances which may contribute to 
and promote the better administration of the offices of 
the said city, as well as for the maintenance of the peace 
and tranquility of said city, as well as for the protection 
of the persons and property of its inhabitants. 

Sec. 35. That no person shall be an incompetent 
judge, witness or juror by reason of his being an inhabi- 
tant or freeholder in the city of Beaumont in any action 
or proceeding in which said city may be a party inter- 
ested; and all officers of said city shall be exempt from 
jury service while holding office. That it shall not be 
necessary in any action, suit or proceeding in which the 
city of Beaumont shall be a party, that any bond or se- 
curity shall be given, but all actions, suits and proceed- 
ings shall be conducted as if said bonds or security had 
been given. 

In all judicial proceedings it shall be sufficient to 
plead an ordinance of the city by caption without em- 
bodying the entire ordinance in the pleading, and all 
printed ordinances or code of ordinances shall be ad- 
mitted in evidence in any suit, and shall have the same 
force and effect as the original ordinance. The property, 
real and personal, belonging to the city, shall not be lia- 
ble to be sold or appropriated under any writ of execu- 
tion, nor shall the funds belonging to the city, in the 
hands of any person, be liable jo garnishment, nor shall 
the city or any of its officers or agents be required to 
answer any writ of garnishment against the city of 
Beaumont. 


CITY OF BEAUMONT. 


43 


Sec. 36. The city shall have the power to own, lease 
and construct wharves on the banks of the Neches Biver 
and Brake’s Bayou within the limits of said corporation, 
and outside of said city not to exceed one mile from the 
corporate boundaries, and to make such other improve- 
ments as may be necessary for the better navigation of 
said river and bayou, and for the convenience of landing 
vessels and their cargoes; and to levy contributions on 
all such vessels and their cargoes as may land at such 
wharves, and to demand and collect the same to defray 
the expense of such improvements and repairs, and to 
issue bonds for the construction and maintenance thereof. 

Sec. 37. The city council shall have the power by 
ordinance to control, regulate and fix the fees to be 
charged on all private wharves, whether the same he 
owned and operated by individuals or corporations, or 
the lessees or receivers thereof, within the city limits of 
the city of Beaumont where said wharves are used by 
the public and charges made for such use by the owners 
thereof. 

Sec. 38. That all public works of improvement of 
the city of Beaumont, the cost of which shall exceed the 
sum of five hundred ($500.00) dollars, may be let by con- 
tract, and the city council shall advertise for and receive 
bids for the doing of such work, and shall in its discre- 
tion accept the bid that is deemed to the best interest 
of the city of Beaumont. The city council shall deter- 
mine the nature and expenses of sidewalks, curbing, 
drainage, sewer and paving improvements, and the drain- 
age and sewer districts as heretofore laid out may remain 
as determined or be changed. The city council shall des- 
ignate the streets and portions of streets on which im- 
provements shall be constructed, and the city engineer 
or some special engineer employed by the council, shall 
be directed to prepare plans and specifications for the 
same for at least two classes of standard material, in the 


44 


CHARTER AND ORDINANCES. 


case of paving, and for cement, brick and stone for curb 
walls, which said specifications shall be presented to the 
city council and referred to the board of public works 
with the designation of streets and portions of streets to 
be improved. The board of public works shall, within 
ten days, report their conclusions, when the council shall 
pass upon the same, provided, that the conclusions and 
recommendations of the board of public works shall be 
final, unless changed, altered or rejected by a majority 
vote of all the aldermen. No contract shall be made or 
entered into until plans and specifications shall have 
been adopted and an advertisement inviting sealed pro- 
posals shall have been published in at least four issues 
of some daily paper published in the city of Beaumont* 
stating the amount and kind of work to be done and the 
materials upon which bids are desired. No bids shall be 
considered unless made in accordance with the plans and 
specifications, and no allowance for extra work shall ever 
be made or paid for, unless a separate contract shall be 
made by authority of the council for such work as may be 
necessary. The sealed proposals shall be addressed to the 
city secretary, and shall be opened only in the presence 
of the city council at a regular meeting or at a meeting 
called for that purpose. Bond and security to be fixed 
and approved by the city council shall be required of all 
contractors. When any proposals for work shall have 
been opened as above provided, they shall be referred 
to the board of public works, and the city engineer or the 
special engineer shall be required to make from the pro- 
posals an estimate of the cost of the whole work accord- 
ing to the plans and specifications adopted on each pro- 
posal for each class of material, which estimate shall be 
presented to the board of public works for their informa- 
tion, and upon the report of said board of public works 
being made to the council, action shall be taken on the 
proposals, and the contract awarded; provided, that the 
council, in its discretion, may reject any and all bids. If 
no bids be received, or those received be rejected, then 


CITY OF BEAUMONT. 


45 


in that event the work may be proceeded with under the 
direction of the board of public works, and the city en- 
gineer or the special engineer employed by the council, 
which latter officer shall be charged in all cases with 
proper supervision of all works of improvement, that the 
plans and specifications may be properly carried out. 
Any railroad, street railway or interurban railway com- 
pany now occupying the streets and alleys and public 
places or which may hereafter occupy the streets, alleys 
or public places of the city of Beaumont, shall be liable 
for the cost of grading, paving, repairing or repaving or 
otherwise improving the portion of the street or inter- 
sections used or occupied by such railway company, and 
such cost shall be a lien upon the property and franchise 
of the company, and it shall not be necessary to express 
such liability and lien in the ordinance granting such 
franchise to such railway company, but the same shall 
exist and notice shall be taken of the same without being 
expressed. The portion of a street occupied by any rail- 
road, street railway or interurban railway company shall 
be deemed to mean all that portion of the same between 
the rails of said tracks laid and extending two feet be- 
yond the outer edge of the rails of such road, and includ- 
ing the space between double tracks and between the 
main track, side tracks and turnouts. Any railroad or 
street railway or interurban railway company proposing 
to occupy any street already occupied by any such com- 
pany, shall, besides being liable for paving along their 
tracks as above provided, be liable also to pay for paving 
between the tracks of said two roads to within twenty- 
four inches of the track of such other road; and such cost 
shall be a lien upon the property and franchise of the 
company. Should any railroad or street railway or inter- 
urban railway company propose to lay a track on any 
street which shall have been improved under the provis- 
ions of this charter, it shall become liable, according to 
the portion of the street occupied by such company, as 
defined above, for such portion of the cost of improve- 


46 


CHARTER AND ORDINANCES. 


ment as the city council may direct, not in excess of what 
would have been its proportion of the original cost of 
the improvement had its tracks been on the ground when 
the improvement was made. Before any railroad, street 
arilway or interurban railway company shall be permit- 
ted to occupy such improved street or portion of street, 
it shall file with the city secretary, in writing, prepared 
by the city attorney, an acceptance of the terms on which 
its occupancy shall be permitted; provided, that such 
railway companies shall not be liable to pave any streets 
or make any improvements except such as are reqiured 
by ordinance of the city of Beaumont; and the city coun- 
cil shall have power to require all railway companies, 
street railways and interurban railway companies to lay 
and construct such foundations under their track or 
tracks as the council may from time to time require. 

Sec. 39. Neither the Mayor nor any member of the 
city council nor any member of the board of public school 
trustees, nor any other officer of the city of Beaumont 
shall be directly or indirectly interested in any work, 
business or contract, the expense, price or consideration 
of which is paid frmn the city treasury, or by assessment 
levied by ordinance or resolution of the city council; nor 
shall any such person be the surety of any person having 
any contract, work or business with said city, for the 
performance of which security may bie required; nor 
shall he be the surety on any official bond of any officer, 
as above defined, of the city. Contracts in violation of 
said provision shall be void. And no member of the 
board of public school trustees shall be, at any time dur- 
ing his term of office, directly or indirectly, interested 
or in the employ of any school book publishing or fur- 
nishing company or concern or school furniture company 
or concern or in the contract for the erection or repair- 
ing of any school building. 

Sec. 40. That the council shall have power and au- 


CITY OF BEAUMONT. 


47 


thority to establish one or more market places, within 
which to conduct the sale of fresh meats, game, fresh 
fish, poultry, eggs, vegetables, and such country pro- 
duce and wares and merchandise as is usually sold in 
markets, and may prohibit the sale of same at any place 
in said city other than said market and market places 
so etsablished, and to collect market license and privi- 
leges; to rent and lease for such length of time as the 
city council may determine, not exceeding one year, 
stalls or stands in said market for the sale of the before 
mentioned articles, and to regulate and fix the price for 
prompt collection of rent of the same, and to pay all 
expenses for collection thereof, and for properly caring 
for and keeping in repair the market building and for 
pavement of streets fronting on and adjacent thereto, and 
for insurance of the same, and their contents, and such 
care, paving, insurance and generally keeping of said 
market house shall be paid as far as possible out of the 
revenues collected out of said market houses; and may 
issue bonds for the erection and maintenance thereof. 

Sec. 41. That the style of the ordinances of the 
city shall be: “Be it ordained by the city council of the 
city of Beaumont. ’ ’ 

Sec. 42. That every ordinance imposing a penalty, 
fine, imprisonment or forfeiture for violation of its pro- 
visions, shall after the passage thereof, be published in 
three issues of a daily paper published in said city for 
three days, and shall not take effect until such publica- 
tion has been completed. The city secretary shall note 
on such ordinances as are required to be published the 
fact that the same have been published as required by 
the Charter, and the date of such publication, which shall 
be prima facie evidence of such publication, provided, 
that the provisions of this Section shall not apply to the 
revision, codification and confirmation of the ordinances 
of the city as the council may from time to time adopt. 

All other ordinances and resolutions shall take effect 


48 


CHARTER AND ORDINANCES. 


on being approved by the mayor or on the termination 
of the time allowed for vetoing ordinances without being 
vetoed, unless another time for taking effect be fixed 
by the ordinances or resolutions. 

Sec. 43. That in case of a tie vote by the council the 
mayor shall have the casting vote. 

Sec. 44. General Powers of the City Council. That 
the city council shall have the care , management and con- 
trol of the city and its property and finances, except as 
may be herein otherwise specially provided for, and shall 
have the power to enact and ordain any and all ordi- 
nances not repugnant to the Constitution and Laws of 
the State, and to alter, modify or repeal such ordinances. 

Sec. 45. The City Council shall have power within 
the city by ordinance to levy and collect an annual tax 
not exceeding one dollar and eighty cents ($1.80) for all 
purposes, including taxes levied for the support of pub- 
lic free schools, on each one hundred ($100.00) Dollars 
of valuation of all property within the city subject to 
taxation, and such taxes shall be levied at the first reg- 
ular meeting of the city council in May of each and every 
year as follows: 

(1) An annual tax of not exceeding seventy cents 
on each one hundred dollars ($100.00) valuation of all 
property within the city made taxable by law for State 
and county purposes, the money raised under this sub- 
division to be used for current expenses and for the gen- 
eral improvement of the city or its property, and at least 
one-third of said sum shall be set apart and devoted to 
the improvement of the streets and the buildings and 
repair of bridges within the city. 

(2) An annual tax of not exceeding twenty-five 
cents on each one hundred dollars ($100.00) valuation of 
all property in the city subject to taxation, for the main- 
tenance of the public free schools and the erection of 


CITY OF BEAUMONT. 


49 


school buildings in the city; and the city of Beaumont is 
hereby constituted a separate and independent school 
district. 

(3) An annual tax of not exceeding fifty-two cents 
on each one hundred dollars ($100.00) valuation of all 
property in the city made taxable by law for state and 
county purposes such sum to be used only in the pay- 
ment of the interest and to provide the required sinking 
fund upon all bonds heretofore issued by the city of 
Beaumont, or that may be hereafter issued for the purpos- 
es of permanent public improvements of any kind, and 
said city is hereby authorized to issue in compliance 
with the Constitution and Laws of the State of Texas 
and amendments thereof, bonds for said purpose to hear 
a rate of interest not to exceed six per cent per annum, 
and to he sold at not less than par. The city treasurer 
shall keep the interest and* sinking fund separately and 
shall honor no draft on said sinking fund except to re- 
deem such bonds or to purchase interest bearing bonds 
of the United States, the State of Texas, any county 
bonds or bonds of the City of Beaumont. 

(4) An annual tax not exceeding thirty- three cents 
or any portion thereof on each one hundred dollars 
($100.00) valuation for the purpose of purchasing, con- 
struction, maintaining, operating and owning a water 
works system, or electric light system or gas system, or 
public parks either inside or outside the city limits, to 
he owned and controlled by the city of Beaumont, and 
the sum so raised either from taxation or the sale of 
bonds issued under this subdivision, shall never he used 
or applied to any other purpose; provided, the city coun- 
cil shall not levy said tax of thirty-three cents or any 
portion thereof, mentioned in this subdivision, until the 
city by proper ordinance, duly passed, first determines 
to purchase or construct, operate and own a water works 
system, or electric light system, or gas system, or public 
parks, inside or outside the city of Beaumont, or has by 


50 


CHARTER AND ORDINANCES. 


such ordinance determined to build and operate a water 
works system, or electric light system, or gas system in 
said city; provided, that three cents of this amount shall 
never be levied or used except for park purx>oses. 

(5) The city of Beaumont may also levy, assess and 
collect from each male citizen, subject to such by the 
State Law, of the city over the age of twenty -one years 
and under the age of sixty years, an annual poll tax not 
to exceed one dollar. 

(6) The taxes provided for in this Section shaU be 
construed to be in addition to taxes levied and collected 
for permanent public improvements under the a I valo- 
rem district taxing system hereinafter provided for. 

Sec. 46. That all such bonds shall specify for what 
purpose they were issued. Provisions shall be made to 
pay the interest, and a sinking fund of not less than two 
per cent annually of the principal to redeem the bonds. 

Sec. 47. That neither the money for which such 
bonds may be sold, nor the money raised to pay the in- 
terest and sinking fund thereof shall be diverted to any 
other purpose, and the city treasurer shall not honor any 
draft drawn on said interest and sinking fund except to 
pay the interest on said bonds, or to redeem the same, 
except as herein provided. 

Sec. 48. Whenever the accumulated sinking fund 
upon any issue of bonds shall amount to as much as one 
thousand dollars ($1,000.00), the same shall be applied at 
once to the discharge of a like amount of said bonds, and 
should the city not be entitled to redeem any of such 
series and the holders be unwilling to surrender the same, 
the said fund shall be invested in other valid interest 
bearing bonds of the United States, or of the State of 
Texas, or of any county in the State of Texas, or of the 
City of Beaumont, as the council may determine, and 
when so invested the bonds purchased and the interest 
thereon shall be held as a trust for the particular fund 


CITY OF BEAUMONT. 


51 


from which the money was taken and shall not be sold 
or otherwise used except for the purpose of retiring the 
original bonds for which use the fund was created. 

Sec. 49. The city council shall have authority to 
fund or refund any part of its existing valid bonded 
indebtedness when the same becomes due at the same or 
a lower rate of interest, and for the purpose of exercising 
the option reserved to pay the same before final maturity 
may issue new bonds bearing a lower rate of interest and 
exchange the same for existing bonds or sell the same as 
the council may determine, and may fund or refund all or 
any part of its general or script indebtedness and may 
issue bonds therefor running for any number of years the 
council may provide, not exceeding forty years, and 
bearing not exceeding six per cent interest. 

Sec. 50. The city council shall have power by ordi- 
nance to regulate the manner and mode of making out 
tax lists, inventories and appraisements of property for 
taxation, and to prescribe the oath that shall be adminis- 
tered to each person on such rendition of his property, 
and to prescribe how, when and where property shall be 
rendered, and to prescribe the manner and form of as- 
sessment rolls and to fix duties and define the powers 
of the assessor and collector and adopt such measures as 
the council may deem advisable to assure the assessment 
of all property subject to taxation within the city, and 
to collect the taxes due thereon; and may, by ordinance, 
provide that any person, firm or agent in control having 
property subject to taxation or being liable for any tax 
under the provisions of this Charter and neglecting, fail- 
ing or refusing to render a list, inventory and appraise- 
ment thereof, or failing or refusing to make oath thereto, 
as required by the ordinances of this city, shall be liable 
to a fine as may be prescribed. 

Sec. 51. There shall be a board of equalization, com- 
posed of three resident free-liolders of the city of Beau- 


52 


CHARTER AND ORDINANCES. 


mont, who shall he appointed by the mayor and confirmed 
by the city council after each election in the said city, 
each of whom shall take the oath of office prescribed by 
the Constitution of the State of Texas, who shall hold 
their office for the term of two years from their appoint- 
ment and qualification. They shall receive such com- 
pensation as may he allowed by the city council. Said 
board shall have power and it shall be the duty of said 
board to equalize the taxable values of property, real 
and personal, within the city of Beaumont, and in the 
exercise of this power, it may raise or lower the valua- 
tions at which property may be assessed and rendered 
for taxes. And it shall further be the duty of said board, 
if it shall have reason to believe from information gained 
by its members, from the assessor of taxes or from other 
sources, that any person residing within the city has 
failed or refused to render for taxation any personal 
property owned by him and subject to taxation under the 
laws of the State of Texas, or has refused to give infor- 
amtion concerning such property so that the same may 
be assessed by the assessor of taxes, to have such person 
brought before it and interrogated under oath as to such 
property. 

And the said board shall have full power to enforce 
the attendance of all witnesses necessary, and any mem- 
ber thereof shall have the power to administer oaths to 
such witnesses, and to punish them for failure or refusal 
to answer any question pertinent to the enquiry. And 
if the said board should discover any property not ren- 
dered for taxation to the assessor of taxes, it shall have 
the power, and it shall be its duty to direct the assessor 
of taxes to list the same for taxation, in like manner and 
with like effect as if it had been originally rendered for 
taxation by the owner thereof. After said board shall 
have passed upon and equalized the values of property 
assessed by the assessor originally, and upon suggestion 
of the board, the board shall give notice that it has made 


CITY OF BEAUMONT. 53 

changes in the valuation at which property has been 
assessed for taxes, and caused additional property to be 
assessed and valued for taxation, by publication in a 
daily newspaper published in the city of Beaumont for 
three successive days, or by mailing the party a written 
notice thereof. Provided, that a notice shall always be 
mailed to a property owner residing out of Jefferson 
County. Said notice shall be sufficient if it states that 
the board has held a session and made changes in the 
assessments and valuations of property affecting the 
person whose name shall be given without describing the 
property affected, or stating the nature of the changes 
made, but referring the persons whose names shall be 
given to the office of the assessor and collector of taxes 
for details as to the changes, a record of which shall he 
left by said board or deposited with said assessor sub- 
ject to inspection by the public. The notice shall also 
state that a further session of the board will be held at 
a place and to begin at a time named in the notice, and 
continue for a certain number of days or longer, when 
complaints as to renditions and valuations will he heard, 
and that such corrections will be made as may be in the 
opinion of the board just and proper. Such session shall 
commence not earlier than one week after such notice 
shall have been published. Such other notice may be 
given as the board or city council may prescribe, but the 
failure to give such other notice shall in no manner affect 
the validity of the assessment or equalization thereof. 
And any person who feels himself aggrieved by the ac- 
tion of said board in fixing the values upon his property 
shall have the right to appeal therefrom to the city coun- 
cil, by giving notice of appeal within ten days after 
values have been so fixed by said board, and the city 
council shall have the power to hear and determine such 
questions of appeal and to take such action with refer- 
ence thereto as to them may seem proper and just, and 
its action shall be final. The city council shall by ordi- 
nance fix the time of meeting and prescribe the rule to 


54 


CHARTER AND ORDINANCES. 


govern the said board of equalization and the trial of all 
appeals therefrom. 

Sec. 52. The city council shall have full power and 
authority to provide by ordinance for the seizure and 
sale by the city assessor and collector of a sufficient 
amount of the personal property of any delinquent tax 
payer to pay all taxes due by such delinquent to the city, 
together with all interest, penalties and costs, which 
seizure and sale shall be made without the necessity of 
any writ and by virtue of tax rolls of said city, which 
shall he sufficient warrant for said purpose, and such 
sale shall he conducted and notice given in the same 
manner as now provided by law for the sale of personal 
property by county tax collectors, and at such sale the 
purchaser shall acquire absolute title to the property 
sold. 


Sec. 53. That the city council shall have full power 
and authority to pass all ordinances necessary to regu- 
late advertisements and sales by the assessor and collect- 
or of property upon which taxes may be unpaid, and to 
provide for the perpetuation of all proceedings with ref- 
erence to such advertisements and sales, and for execu- 
tion of titles to purchasers of property at tax sales, and 
to pass all ordinances necessary to enforce the collection 
of taxes; provided, that such ordinances shall allow any 
person whose real property has been sold for taxes at 
least two years from the date of the collector’s deed, to 
redeem the same by paying the amount as provided by 
the general law and all acts amendatory thereof; pro- 
vided further, that any such proceedings so pereptuated 
shall be received in evidence in any court where the 
title so conferred by the collector shall be called in 
question. 

Sec. 54. All taxes due the city of Beaumont shall be 
payable at the office of the city assessor and collector, 


CITY OF BEAUMONT. 


55 


and may be paid at any time after the tax rolls of the 
year have been completed and approved, and no demand 
shall be required to be made upon any taxpayer whose 
duty shall be to attend at the collector’s office and pay 
the same as aforesaid. All taxes levied and not collected, 
and all taxes hereafter to be levied, shall be paid by the 
31st day of December of the year succeeding the levy, 
and when not paid by March 1st, shall thereafter bear 
interest at the rate of six per cent per annum from March 
1st, and in addition the city council may provide by or- 
dinance that there shall be collected an additional ten 
per centum upon the amount of such taxes as a penalty 
against the person, firm or corporation failing, neglect- 
ing or refusing to pay such taxes by December 31st, 
which penalty shall be collected by seizure and sale of 
the property of the delinquent, or by suit, the same as 
herein provided for the collection of taxes. 

Sec. 55. All property of railroad companies of what- 
ever description, lying and being within the city of Beau- 
mont on the first day of January of each year, shall bear 
its proportionate share of municipal taxation, and if any 
such property shall not have been heretofore rendered for 
taxation for any year the same shall be assessed and 
taxes collected thereon in the same manner as- herein 
provided for other unrendered property of previous 
years. 

Sec. 56. The annual assessment of taxes made by the 
city of Beaumont upon real and personal property shall 
be a special lien thereon, and all property, both real and 
personal, belonging to any delinquent taxpayer, shall be 
liable to seizure and sale for the payment of all taxes, 
interest and penalties due by such delinquent. 

Sec. 57. If it comes to the knowledge of the city 
assessor and collector at any time after the levy of taxes 
for the year that any personal property subject to taxa- 
tion in the city is about to be removed from the city, and 


56 


CHARTER AND ORDINANCES. 


the owner of such property has not other tangible prop- 
erty in the city sufficient to satisfy all assessments 
against him, the assessor and collector shall, if said prop- 
erty has not been assessed, proceed at once to assess the 
same, and he shall thereupon levy upon a sufficiency of 
such property to satisfy such taxes and all costs, and 
sell the same as provided in the preceding sections, and 
the ordinance levying taxes for the year and the assess- 
ment made upon such property shall be sufficient war- 
rant for so doing, and to vest perfect title in the pur- 
chaser. 

Sec. 58. All real and personal property in the city 
of Beaumont upon the first day of January of each year 
and subject to taxation by said city, shall stand charged 
with a special lien in favor of the city for all taxes levied 
against the owner thereof during the year, superior to 
all mortgages and other liens thereon, except the lien for 
State and county taxes, and all persons purchasing the 
same after the first day of J anuary of any year shall take 
the same subject to such lien, and the city may intervene 
in any suit for foreclosure of any other lien and assert 
its rights, or may institute an independent suit and make 
all mortgage and lien holders and subsequent purchasers 
parties for the purpose of enforcing its lien or recovering 
personal judgment for the conversion of the security 
herein given it for the collection of its taxes, and said 
city assessor and collector shall be authorized, and it is 
hereby made the duty of the said assessor and collector 
to file the proper statement of its taxes in any court of 
bankruptcy administering the estate of any bankrupt 
taxpayer. 

Sec. 59. The city of Beaumont shall be authorized 
and is hereby given the right to institute suit in any 
court having jurisdiction under the Constitution and 
Laws of the State, at any time after taxes become due 
and are delinquent, as herein provied, to recover per- 


CITY OF BEAUMONT. 


57 


sonal judgment for the amount of taxes remaining un- 
paid by any person, firm or corporation, together with all 
interest, penalties and costs, and if any part of such de- 
linquent tax shall be due upon any real property the city 
shall have the right in the same or in any subsequent 
suit to have its lien thereon foreclosed and such property 
sold, as provided by law in the foreclosure and sale of 
property under mortgage or other lien; provided, that in 
all cases where lands are sold the owner shall have the 
right within two years of the date of sale to redeem the 
land from the purchaser under such judgment upon the 
payment of the amount of money as provided by the gen- 
eral law and all acts amendatory thereof, including all 
costs, interest and penalties, and failing so to do, the 
title of the purchaser shall become absolute without fur- 
ther act or proceedings. The privilege of redemption 
shall constitute part of the judgment and deed made the 
purchaser in such case, and need not be inserted therein. 

Sec. 60. In all suits for the foreclosure of a lien 
upon lands or lots by said city, if the defendants or any of 
them be alleged to reside in any other county of the 
State of Texas than Jefferson County, it shall be neces- 
sary to serve such person with a certified copy of the pe- 
tition, and service of citation shall be made by delivering 
a certified copy thereof in the manner provided by law 
for service of citation upon persons residing in the county 
where suit is brought, and if the defendants, or any of 
them, are alleged to be non-residents of the State, or if it 
be alleged that residence of such defendant is unknown, 
or that the owner or owners of said lands or lots are 
unknown, and the city assessor and collector shall make 
oath to that effect at the time of the filing of the petition, 
or at any time subsequent thereto, the clerk of the court 
shall thereupon issue notice in substantially the following 
form: 

“The State of Texas: To the owner or owners and 
all persons claiming any interest in the lands hereinafter 


58 


CHARTER AND ORDINANCES. 


described: You are hereby notified that the City of 
Beaumont has filed suit in the District Court of Jefferson 

County, Texas ( District), on the day 

of A. D No claim- 

ing that taxes, interest and penalties are due it by you 
upon the following described lands situated in said city, 
as follows, viz: (Here set out description of the land as 
contained in the petition, and state the aggregate amount 
claimed against each tract for each year). You are there- 
fore commanded to appear and answer in said court in the 
City of Beaumont, at the next regular term to be held at 

the court house of said County, beginning on the 

day of A. D and show 

cause why said judgment shall not be rendered condemn- 
ing said lands and ordering foreclosure and sale thereof 
for said taxes, interest, penalties and cost of suit.” Which 
said notice shall be dated and signed by the clerk with 
the seal of the court as other writs, and shall be delivered 
to the sheriff and executed by causing the same to be 
published in some newspaper published in the said city 
of Beaumont once a week for four consecutive weeks prior 
to the return day thereof. Publication of said notice 
shall be shown by the return of the sheriff or his deputy 
endorsed or attached thereto, which shall show when the 
same was executed and the manner thereof, specifying 
the dates of such publication, and shall be accompanied 
by a printed copy of such publication, and shall be signed 
by him officially. 

Sec. 61. The suit shall be held in all respects to be 
a procedure in rem and the court shall hear proof and 
enter judgment in favor of the city of Beaumont, against 
each parcel of land for the amount of tax, interest, pen- 
alty and costs legally chargeable against the same, and 
shall foreclose the lien of the city thereon and condemn 
the land to be sold as under execution for the purpose of 
satisfying such judgment; provided, that for the purpose 
of foreclosing the lien of the city on all lands and lots 


CITY OF BEAUMONT. 


59 


where the owner or owners thereof are alleged to be un- 
known, it shall not be necessary to institute a separate 
suit against each piece of property, and all such property 
may be embraced in one suit, and judgment entered 
against each parcel, condemning the same to be sold as 
aforesaid; and provided further, that in all cases where 
lands are sold under judgment based upon service by 
publication, the owner shall have the right within two 
years from the day of sale to redeem his land from the 
purchaser under such judgment upon the payment of the 
amount of money, as provided by the general law and 
all acts amendatory thereof, and failing so to do, the title 
of the purchaser shall become absolute without further 
act or proceeding. 

Sec. 62. It shall be competent in all cases to supple- 
ment the description contained in the assessment rolls 
with full proof of the identity of lot, tract or parcel of 
land therein assessed and in suits to enforce collection 
of taxes by the city, such additional matters may be in- 
serted in the petition and reference may be made to any 
map, plat or survey of said city, or of any addition or sub- 
division made thereto, or to any deed, decree or other in- 
strument describing the same, which may be on file or 
of record in the General Land Office of Texas, or in the 
office of the district or county clerk of Jefferson County, 
and such instrument referred to shall be considered a 
part of such petition and proceeding had in said suit. 

Sec. 63. When any property, personal or real, is sold 
to enforce the collection of taxes, the City of Beaumont 
shall not become the purchaser thereof, unless no one 
else is present who will purchase the same and pay the 
full amount due the city, including all costs and penal- 
ties, and it is here made the duty of the mayor or the 
person acting as such, to attend all sales and bid thereat 
for the city, and upon such sale the officer making the 
same shall execute to the city or other purchaser proper 


60 


CHARTER AND ORDINANCES. 


evidence of title and to place the purchaser in possession, 
as provided by law. No officer of the city shall ever be- 
come the purchaser of such property for himself at such 
sale, either directly or indirectly. 

Sec. 64. All levies of ad valorem taxes heretofore 
made by the City of Beaumont and all assessments here- 
tofore made, and all assessment rolls heretofore made and 
placed in the hands of the city assessor and collector for 
collection, are hereby validated, and the same shall be 
legal and binding, regardless of any irregularity that 
may exist in the manner of making such levies and the 
making and returning of such assessment rolls; provided, 
that this section shall not be construed as an attempt to 
validate any penalty heretofore imposed or tax levied 
in excess of the amount which said city could levy under 
the Constitution. 

Sec. 65. Whatever action heretofore taken in plac- 
ing the control of the public free schools and all property 
pertaining thereto in a board of trustees is hereby con- 
firmed, and all property, real and personal, heretofore 
acquired and now being administered by said board of 
trustees in connection with the management of said pub- 
lic free schools, is hereby confirmed in said board, aiid all 
levies of taxes heretofore made for the support and main- 
tenance of said public free schools in said city, and which 
remain uncollected, are hereby validated and deciared 
legal and binding upon the persons and property sub- 
ject to taxation in said city, and the city council shall 
continue to levy and collect the rate of special taxation 
adopted, or which may be adopted, by a vote of the people 
for said purpose and deliver the same to the said board 
of trustees in accordance with the general laws of the 
State upon the subject. 

Sec. 66. If the city assessor and collector shall dis- 
cover any property, real or personal, which was subject 


CITY OF BEAUMONT. 


61 


to taxation for any year heretofore, and which for any 
reason has escaped taxation, he shall require the same to 
be listed and assessed according to the rate of taxation 
for the year or years it was omitted, and enter the same 
as a supplement to his next roll, stating the year, and the 
taxes thereon shall be collected in the same manner as 
the other assessments; provided, that such supplemental 
roll may be made at any time and reported to the city 
council for its approval, and any number of such rolls 
may be made that may be necessary. The taxes assessed 
upon such supplemental roll shall be due at once upon ap- 
proval of such rolls by the city council, and if not paid 
within sixty days thereafter, shall bear interest at the 
rate of six per cent per annum, and may be collected by 
seizure and sale or suit, as herein provided for the collec- 
tion of other taxes. 

Sec. 67. The city assessor shall list all property which 
for any cause has not been rendered to him for taxation 
in such form as may be prescribed by ordinance, and 
place such valuation thereon as he may deem just. If 
the owners of such property are unknown to the assessor 
he shall so state, and such assessment shall be sufficient 
warrant for the collection of the taxes due upon said 
property bj^ seizure and sale or suit, as herein provided 
for the collection of taxes on other property. 

Sec. 68. All taxes due said city for which action is 
not instituted within four years from the time they are 
due and payable, shall be conclusively presumed to have 
been paid, and no action therefor shall be maintained. 
No irregularity in the time or manner of making the an- 
nual levy of taxes heretofore levied by the city council of 
said city, and which are unpaid, shall invalidate the taxes, 
but they are hereby continued in force and may be col- 
lected by seizure and sale of property of the person own- 
ing the same, or by suit, as herein provided. 


62 


CHARTER AND ORDINANCES. 


Sec. 69. In all suits for the collection of taxes which 
have been heretofore or may be hereafter levied, the tax 
rolls of said city or a certified statement made therefrom 
by the assessor and collector shall be prima facie evidence 
of the truth of all recitations and facts shown by said 
rolls, and shall be held to be sufficient proof (subject to 
rebuttal only by pleading and proof by the defendants) 
of the following facts, viz: 

(1) That the person, firm or corporation therein 
shown to be a tax payer was such, and owned the prop- 
erty therein listed, and was rendered by such person, firm 
or corporation, or by his or its agent at the value placed 
thereon in such roll. 

(2) That the taxes due on such property were duly 
and legally levied for the purposes shown in such rolls, 
and that the same are valid and unpaid. 

(3) That all facts and proceedings required by law 
or by the ordinances of said city in the manner of ren- 
dering, appraising and fixing values upon such property, 
and the giving of all notices to such tax payers have each 
and all been performed and complied with at the time, 
and in the manner and form required, and that all things 
which might be construed as conditions precedent to the 
lawul demands upon such tax payer to pay the amount 
of taxes in such rolls shown to be due by him or them, 
have been performed at the time and in the manner re- 
quired by law. Provided, that in the event that the de- 
fendant shall show that his property was voluntarily ren- 
dered by him and that the valuation of the same was sub- 
sequently changed by the assessor or board of equaliza- 
tion without notice to him or his agent, or shall show 
that the rate of taxation for any such purpose was to any 
extent illegal, judgment shall thereupon be rendered 
against him for the proper amount due, based Upon the 
value of his property as rendered by him and the amount 
of taxes which is found to be legal, and all costs of suit 
including city attorney’s fees to be fixed by ordinance. 


CITY OF BEAUMONT. 


63 


Sec. 70. All property, real, personal or mixed, made 
taxable by the laws of the State of Texas, which is sit- 
uated in the city of Beaumont on the first day of January 
of each year, and all personal property owned or con- 
trolled by persons residing therein and taxable by law 
at the place where the owner or agent may reside, shall 
be subject to taxation by said city for all purposes pro- 
vided in this charter, including the support of the public 
free schools in said city. 

Sec. 71. The city council shall have power to levy 
and collect an occupation tax on all occupations, callings, 
business and professions taxed by the State of Texas from 
time to time, to the amount of one-half of the occupation 
tax levied by the State, and shall have power by ordi- 
nance to provide adequate means and penalties for en- 
forcing collection of the same. 

Sec. 72. That the city council shall have power to 
provide by ordinance for the assessing and levying of 
the tax aforesaid and to determine when taxes shall be 
paid. 

Sec. 73. That no money shall be paid by the city 
upon any account whatever to any person, firm or corpo- 
ration who is in arrears to the city for taxes due, and 
the city council shall have the power to compromise all 
claims for back taxes. 

Sec. 74. Before the city of Beaumont shall be liable 
for damages of any kind, the person injured, or some one 
in behalf of such person, shall give the mayor notice in 
writing of such injury within sixty days after the same 
has been received, stating in such notice when, where and 
how the injury occurred, and the extent thereof. 

Sec. 75. The city council shall have power to employ 
and fix the compensation of its agents as it may deem 
for the best interest of the city. The city council may 


64 


CHARTER AND ORDINANCES. 


abolish any place created by it, and discharge any person 
employed by it at any time that it may deem that the 
best interest of the city requires such action; and the 
city shall not be liable for the salary of such person after 
the place to which he has been appointed or elected by 
its city council has been abolished, or he has been dis- 
charged by the city council. 

Sec. 76. That the city council shall have power by 
ordinance to do all acts and make all regulations which 
may be necessary or expedient for the promotion of 
health or the suppression of disease, to co-operate with 
the commissioners court of Jefferson County in making 
such improvements connected with the city and county as 
may be deemed by the city council and commissioners 
court necessary to improve the public health and pro- 
mote efficient sanitary regulations, and by mutual agree- 
ment they may provide for the construction of such im- 
provement, and the payment therefor. To provide for 
the erection of all needful buildings for the use of the city 
within and without its limits, and to determine when it 
is necessary to acquire property, or the use thereof, by the 
power of eminent domain, for all purposes for which the 
city may lawfully exercise such power. To license or 
regulate auctioneers, grocers, merchants, retailers, hotels 
and boarding houses and bakeries, and to license or reg- 
ulate or suppress ordinaries, hawkers, peddlers, brokers 
and money changers. To license and regulate theatrical 
and other exhibitions, shows and amusements. To license 
and regulate billiard tables, bowling alleys, restaurants, 
drinking houses and saloons, and all places or establish- 
ments where intoxicating or fermented liquors are sold, 
and to regulate their location and to restrain and sup- 
press street beggars, disorderly houses, lotteries and all 
fraudulent devices and practices. To regulate and pre- 
vent the carrying on of manufactories dangerous in caus- 
ing or producing fires ; to appoint fire wardens and prop- 
erty guards with the power to remove and keep away 


CITY OF BEAUMONT. 


65 


from the vicinity of any fire any suspicious person lurk- 
ing near the same, and to compel any person or persons 
present to aid in the extinguishing of the fire, or in the 
preservation of property exposed to the same and to pre- 
vent goods from, being purloined thereat, and with such 
other powers and duties as may be prescribed by ordi- 
nances. To compel the owners of houses and other build- 
ings to have scuttles upon the roof of any such building 
or house, and stairs and ladders leading to same. To cre- 
ate a board of fire commissioners. To regulate and pre- 
scribe the manner of building partition and parapet walls 
and of partition fences. To provide for the inspection of 
lumber, the measurement thereof, and other building 
materials. To provide for the inspection and weight of 
hay, the measure of charcoal and other fuel to be used 
in the city. To provide for the taking of an enumeration 
of the inhabitants of the city. To provide for the removal 
from office of any person holding an office created by 
this charter, or by ordinance, when not otherwise pro- 
vided for. To fix the compensation and regulate the 
fees of all jurors and witnesses; to impose fines, for- 
feitures and penalties for the breach of any ordinance, and 
to provide for the recovery and appropriation of such 
fines and forfeitures, and the enforcement of such pen- 
alties; provided, that no penalty shall exced a fine of two 
hundred dollars. To prevent and restrain any riot, dis- 
turbance or disorderly assembly in any street, house or 
place in the city. To use, regulate, improve, grade and 
control all grounds owned by the city within its limits. 
To regulate the size, number and maimer of construction 
of doors and stairways of theatres, tenement houses, au- 
dience rooms, public halls and all buildings used for the 
gathering of large numbers of people, whether now built 
or hereafter to be built, so that there may be convenient, 
safe and speedy exits in case of fire. To provide for the 
numbering of all buildings, and the naming or changing 
of the name of any street. To authorize one or more of- 
ficers, agents or employes of the city to enter into, and 


66 


CHARTER AND ORDINANCES. 


open all buildings and premises for the purpose of exam- 
ining and discovering whether or not the same are dan- 
gerous on account of fire or in an unclean state, and to 
cause the defect to be remedied, and filth and trash to 
be removed; and genrally the council shall have the 
power to establish such regulations for the prevention 
and extinguishment of fires as it may deem expedient. 
To prevent all boxing matches, sparring exhibitions, cock 
fighting and dog fighting, and punish all persons making 
such exhibitions. To require the owners of private drains, 
sinks and privies to fill up, clean, drain, relay, alter, re- 
pair, fix and improve the same as they may be ordered 
by resolution or ordinances, so, -as to prevent the same 
being or becoming nuisances and to impose penalties on 
persons not doing the same; and if there be no person in 
the city upon whom such order can be served, the city 
can haye the work done and the cost of same shall be a 
lien on the property, taxed up against and collected in 
such manner as the city council may direct. The mayor 
shall have power to solemnize marriages and to adminis- 
ter oaths of office. 

Sec. 77. Street and Sidewalk Improvements: The 
term “ street improvements” as embraced in this section, 
shall include the improvements of any street, avenue, al- 
ley, highway, public place or square, or any portion there- 
of, with in the city, by filling, grading, raising, macadam- 
izing, re-macadamizing, paving, re-paving, repairing or 
otherwise improving the same, or by construction of side, 
walks, curbs and gutters, or repairing the same; and shall 
also include the laying out, opening, narrowing, straight- 
ening, or otherwise establishing, defining and locating any 
street, avenue, public alley, square, place or sidewalk, and 
said term shall also include any other street improvement 
of a public nature and for a public benefit. 

(a) The term “ public highway” wherever used 
hereafter in this Section shall be deemed to include any 


CITY OF BEAUMONT. 


67 


street, avenue, alley, highway or public place or square, 
or any portion thereof, within the City of Beaumont, ded- 
icated to public use. 

(b) The city council shall have the power to order 
the improvements of any public highway or highways, 
or parts thereof, within the city of Beaumont, and shall 
have the power to prescribe the nature and extent of such 
improvements. 

(c) The city council shall have the power to cause 
sidewalks, curbs and gutters to be constructed, recon- 
structed or repaired, under and by virtue of the terms 
of this Section, and the various subdivisions thereof, 
either separately or together with other improvements; 
provided, that the cost of construction, reconstruction or 
repairing sidewalks shall be borne entirely by the owners 
of property abutting upon such sidewalks ; provided, that 
the right of the city council to order the construction, 
reconstruction or repair of such sidewalks, curbs or gut- 
ters, under the terms of this Section and the various sub- 
divisions thereof, shall be in addition to the powers in 
this charter conferred upon the city council to order such 
improvements. 

(d) Subject to the terms thereof, the cost of improv- 
ing any public highway may be paid partly by the city 
and partly by the owners of property benefited by such 
improvements and abutting upon the public highway, or 
portion thereof, ordered to be improved, provided, that 
when any person, firm or corporation owns any railroad, 
street railroad or interurban railroad or railroad switch 
of any kind on such public highway, or portion thereof, 
ordered to be improved, such person, firm or corporation 
shall pay the whole cost of such improvement between 
the rails and tracks and for two feet on each side of the 
rails of such railroad, street railroad or interurban rail- 
road and the city shall be relieved of the part of the costs 
to be paid by such road. The pro rata share of the cost 


68 


CHARTER AND ORDINANCES. 


of such improvement payable under the terms hereof by 
any railroad, street railroad or interurban railroad or 
the owners thereof, together with all costs of collecting 
the same, shall be a special tax against, and lien upon 
the roadbed, ties, rails, fixtures, rights and franchises 
of such railroad, street railroad or interurban railroad 
and the owners thereof. Whenever a contract shall be let 
for any such improvement, the city council shall levy a 
special tax upon the roadbed, ties, rails, fixtures, rights 
and franchises of such railroad, street railroad or inter- 
urban railroad for the pro rata share due from such road 
for improvements between their tracks and rails and two 
feet on each side thereof. Said tax shall be levied at or 
after the time such contract is let or executed, and shall 
become due and delinquent as the ordinance levying the 
same may specify, shall be a lien from the time of levy 
and the proceeds thereof shall be used for the payment 
of the costs of such improvement. If said tax be not paid 
as provided for by ordinance, then collection shall be en- 
forced, as the collection of other taxes, by advertisement 
and sale of the property, rights and franchises levied 
upon provided, it shall not be necessary to sell at the 
same time as for delinquent ad valorem taxes. At any 
such sale the city tax collector or such other officer as 
may be designated by the city council, shall execute to 
the purchaser a deed similar to the one excuted when 
property is sold for ad valorem taxes. Such assessment 
and lien may also be enforced by suit brought in any 
court having jurisdiction thereof. The lien provided for 
shall be a first and prior lien paramount to all encum- 
brances except taxes, upon the roadbed, ties, rails, fix- 
tures, rights and franchises of the person, firm, company 
or corporation owning the railroad, street railroad or 
interurban railroad, as aforesaid. 

(e) The city council shall have power, by resolution, 
to order the making of the public improvements men- 
tioned in this Section or any of them, by majority vote, 


CITY OF BEAUMONT. 


69 


and the passage of such resolution shall he conclusive 
of the public necessity therefor and the benefits thereof, 
and no notice of such action by the city council shall be 
requisite to its validity. Such resolution shall, in gen- 
eral terms, set forth the nature and extent of the improve- 
ment or improvements to be made, the section or sections 
of any public highway or highways to be improved, the 
material or materials with which the improvements are 
to be constructed, and the method or methods under 
which the costs of such improvements are to be paid. Such 
resolutions may specify that said improvements may, 
at the election of the city council, be constructed from 
different materials, and may specify different or alterna- 
tive methods of making such improvements, and provid- 
ing for the payment of the costs thereof. 

Upon the passage of such resolution, it shall be the 
duty of the city engineer to forthwith prepare specifica- 
tions for said improvement, which specifications shall 
embrace the different materials or different plans or 
methods under which the said improvements or part 
thereof are to be constructed or paid for, and such speci- 
fications shall also describe the character of bond or bonds 
to be required of the successful bidder for the construc- 
tion of said improvements or the maintenance thereof, 
as hereinafter provided. When such specifications have 
been prepared, they shall be submitted to the city coun- 
cil for their approval. The city council shall have the 
power to require of the contractor or contractors to whom 
the work may be let, a bond for the faithful performance 
of the contract, and also for the maintenance of the work 
in good condition at the cost of the contractor for a term 
of not more than five years from the completion of such 
work. The bonds, if any, required by the city council to 
be executed by the contractor shall be executed by sucli 
contractor or contractors to whom the work may be let, 
together with one corporate surety acceptable to the city 


70 


CHARTER AND ORDINANCES. 


council, which shall be a surety company authorized to 
do business within the State of Texas. 

When specifications have been adopted for such im- 
provements by the city council, it shall be the duty of 
the city secretary, or such officer as may be designated 
by the city council, to at once advertise for sealed bids 
for the construction of such improvements in accordance 
with the specifications adopted therefor. Such adver- 
tisement shall be inserted in a daily newspaper of genral 
circulation in the city of Beaumont for ten consecutive 
days and shall state the time within which bids may be 
received as prescribed by the city council, which shall be 
not less than ten nor more than fifteen days from the 
insertion of said advertisement. Bids shall be filed with 
the city secretary, or such other officer as the city coun- 
cil may designate, and shall be opened and read in pub- 
lic meeting of the city council. The city council shall 
have the right to accept such bids as it shall deem most 
advantageous to the city and the owners of the property 
abutting upon the public highway named to be improved, 
or may reject any and all bids, provided, if no bid is satis- 
factory and all bids are rejected, the city may proceed 
and do such improvements; and where an improvement 
is ordered upon different specifications, or for the con- 
struction of work, or part thereof, with different mate- 
rials or under different plans or methods of construc- 
tion or payment for such improvement, the city council 
shall have full power, after opening bids, to select such 
methods, plan or materials for making said improvement, 
or any part thereof, as it may deem best, and to let the 
work to such bidder and upon such bid as it may select, 
subject to the terms thereof: No bid shall be amended, 
revised or changed after being filed. 

(f) When bids for such improvements have been ac- 
cepted by the city council, the city shall enter into con- 
tract with the contractor or contractors to whom the work 
has been let for the performance thereof, which contracts 


CITY OF BEAUMONT. 


71 


shall be executed in the name of the city by its mayor 
and attested by the city secretary, or such other officer 
as may be designated by the city council, with the cor- 
porate seal. The contractor or contractors to whom the 
said work has been let, shall execute such bond or bonds 
as may be required by the city council and as herein pro- 
vided. Such contract and bonds, if satisfactory, shall 
be approved by the city council. 

(g) Exclusive of the cost of making any improve- 
ments between and two feet on each side of the tracks and 
rails of railroads, street railroads and interurban rail- 
roads, which cost is to be assessed against and wholly 
paid by the owners of such railroads, street railroads and 
interurban railroads, as herein provided, and sub- 
ject to the terms hereof, the city of Beaumont, 
acting by its city council, shall have power to 
assess the whole cost of constructing, reconstruct- 
ing and repairing any sidewalk, and not to ex- 
ceed two-thirds of the cost of making any other improve- 
ments ordered under the terms hereof, against the own- 
ers of property abutting upon the public highway or 
highways, or part or section thereof, upon which such 
improvements are to be constructed, and who are spe- 
cially benefited thereby, and shall have the power to fix 
a lien against such property to secure the payment of the 
proportion of such costs assessed against the owners of 
such property; provided, that in no event shall such cost 
be assessed against such owners or their property, or 
their personal liability therefor finally determined, until 
after the hearing hereinafter mentioned, and after the 
adjustment of equities betwen such owners; and pro- 
vided, further, that the cost assessed against any prop- 
erty or owner thereof, shall not exceed the amount of 
the special benefit in enhanced value, which such prop- 
erty shall receive from such improvement. 

The proportion of the costs of such improvements 
which may be assessed against any such property or its 


72 


CHARTER AND ORDINANCES. 


owners shall be in proportion to the frontage of the 
property of each owner to the whole frontage of property 
on the public highway or highways or section thereof 
so ordered to be improved, and such cost shall be appor- 
tioned in accordance with what is commonly known as 
the frontage, front or foot rule; provided, it shall have 
been determined upon such hearing above mentioned 
that the property of any owner is not benefited in en- 
hanced value by said above mentioned improvement, 
then no assessment shall be made against the property 
of such an owner; or, if, after such hearing, it shall be de- 
termined by the city council that said property has been 
benefited and enhanced in value in any amount less than 
the cost of said improvement, then the city council shall 
assess against said owner or owners, firm, person or cor- 
poration and his, its or their property only such amount 
as shall equal the benefit received by such owner or own- 
ers, person, firm or corporation, the balance to be paid 
by the city. 

The city council shall also have the power to provide 
that the proportion of the said cost which may be as- 
sessed against the said owners and their property shall 
bear interest at a definite rate not to exceed six per cent 
per annum when the payment thereof is deferred, and 
shall have the power to include in any assessment which 
may be made against such owners and their property, 
all costs of collecting the same. 

(h) The contract or contracts for such improvement 
and the bond or bonds (if any required) having been 
executed and approved by the city council, if the cost of 
any part thereof, of such improvement is to be assessed 
against abutting property, or owners thereof, it shall be 
the duty of the city engineer to at once prepare a written 
statement which shall contain the names of such persons, 
firms, corporations or estates, as may own property abut- 
ting upon the section or sections of the public highway 
or highways named to be improved, the number of front 


CITY OF BEAUMONT. 


73 


feet owned by each, and describing the property owned 
by each, either by lot or block, or otherwise so describing 
the property as may be sufficient to identify the same; 
and such statement shall also contain an estimate of the 
total cost of such improvement, the proportion and 
amount of such costs to be assessed against abutting 
property and the owners thereof, the amount per front 
foot to be assessed against abutting property and its 
owners, and the total estimated amount to be assessed 
against each owner. Such statement shall be submitted 
to the city council, and it shall be the duty of the city 
council to examine the same and correct any error which 
may appear therein, but no error, omission or mistake 
in said statement shall in any manner invalidate any as- 
sessment made or lien or claim of personal liability fixed 
thereunder. When such statement has been examined 
and approved by the city council, if the city council shall 
have determined to assess any part of the costs of said 
improvements against such property owners and their 
property, it shall so declare by resolution directing notice 
thereof to be given to the owners aforesaid by publication 
for five successive days in a newspaper of general cir- 
culation in the city of Beaumont, and also by mailing to 
said owners a copy of said notice by registered letter 
deposited in the postoffice in Beaumont, Texas, directed 
to the address of said owner, if known, but if the address 
of any owner be not known, then the agent or attorney 
of such owner, if known; provided, that the registered 
letters aforesaid shall be deposited in said postoffice not 
less than ten days prior to the date set for the hearing 
hereinafter provided for; and provided further, that the 
method herein prescribed for service of notice by regis- 
tered letter, shall be merely cumulative of the service of 
notice by publication above mentioned; and provided, 
that in all cases where personal service by registered let- 
ter shall not be obtained, said service by publication 
shall, nevertheless, be deemed valid and binding. The 
cetrificate of the city secretary, or such other officer as 


74 


CHARTER AND ORDINANCES. 


may be designated by the city council, to the effect that 
the address of any such owner or owners, or of their agent 
or attorney, is unknown to him, and that personal ser- 
vice cannot be had upon them, shall be deemed conclusive. 
Any such owner may, in writing, waive the issuance of 
such notice and service thereof, and accept service. The 
notice aforesaid shall state the time of the hearing here- 
inafter provided for, the general character of the im- 
provements determined upon by the city council, the 
public highway, or part thereof, to be improved, and the 
proportionate part and amount per front foot of the total 
cost of the proposed improvements which is contemplated 
shall be assessed against the property and the owners 
thereof abutting upon such highway to be improved. On 
the day stated in the notice aforesaid, or any time there- 
after before any special assessment is actually levied, any 
person, or firm, or corporation interested in any property 
which may be claimed to be subject to assessment for the 
purpose of paying the cost of any improvement, in whole 
or in part,. shall be entitled to a full hearing before the 
city council as to all matters affecting said property, or 
the benefits thereto of such improvements, or any in- 
validity or irregularity in any of the proceedings with 
reference to making said improvements, or any other 
objections thereto. Such person, firm or corporation 
shall file their objections in writing, and thereafter the 
city council shall hear and determine the same, and full 
opportunity shall be given to the person, firm or corpora- 
tion filing said objections to produce evidence, subpoena 
witnesses and to appear in person or by attorney, and a 
full and fair hearing thereof shall be given by the said 
city council, which hearing may be adjourned from time 
to time without further notice. The city council shall 
have full power to inquire into and determine all facts 
necessary to the adjudication of such objections and the 
ascertainment of special benefits to such owners by means 
of such improvements; and shall render such judgment 
and order in each case as may be just and proper. Any 


CITY OF BEAUMONT. 


75 


objections to the regularity of proceedings with refer- 
ence to the making of such improvements as herein pro- 
vided, or to the validity of any assessment or adjudica- 
tion of personal liability against such property or the 
owners thereof, shall be deemed waived unless presented 
at the time and in the manner herein specified. The day 
set ffrr such hearing shall be not less than ten days from 
the date of the first publication of said notice. 

(i) When the hearing above mentioned has been 
concluded, the city council shall, by ordinance, assess 
against the several owners of property and against their 
property abutting upon the public highway or highways, 
or part thereof, ordered to be improved, such proportion- 
ate part of the cost of such improvements as by the city 
council may have been adjudged against said respective 
owners and their property. Said ordinance shall fix a 
lien upon such property and declare the respective own- 
ers thereof to be personally liable for the respective 
amounts to be assessed ; and shall state the time and man- 
ner of payment of such assessments, provided the time 
of payment shall not be fixed for a time prior to the com- 
pletion of said improvement abutting the property of 
each respective owner; and the city council may order 
that the said assessments shall be payable in installments, 
and prescribe the amount, time and manner of payment of 
such installments, which, however, except as hereinafter 
provided, shall not exceed five, and the payment shall 
not be deferred beyond five years from the completion of 
such improvement, and its acceptance by the city. The 
said ordinance shall also prescribe the rate of interest 
to be charged upon the deferred payments; provided, the 
same shall not exceed six per cent per annum, and may 
provide for the maturity of all deferred payments and 
their collection upon default in the payment of any in- 
stallment of principal or interest. 

Each property owner, his heirs, assigns or successors, 
however, shall have the privilege of discharging the 


76 


CHARTER AND ORDINANCES. 


whole amount assessed against the owner, or any install- 
ment thereof, at any time before maturity, upon the pay- 
ment thereof, with accrued interest. Upon the payment 
of any property owner, of his assessment in full, the city 
shall cause to be executed by its mayor and duly acknowl- 
edged for record, a release of the lien of such assessment. 
The fact that more than one parcel or lot of land, the 
property of one owner or jointly owned by two or more 
persons, firms or corporations, have been assessed to- 
gether in one assessment, shall not invalidate the same 
or the lien thereof, or any claim of personal liability there- 
under. The cost of any such improvement assessed 
against any property or owner thereof, together with all 
costs, shall constitute a personal claim against such prop- 
erty owner and shall be secured by a lien on such prop- 
erty superior to all other liens, claims or title, except 
city, county and State taxes, and such personal liability 
and lien may be enforced by suit in any court of compe- 
tent jurisdiction, or by sale, in the same manner, as far 
as applicable, as sales are authorized to be made by the 
city of Beaumont for the non-payment of ad valorem 
taxes; provided, that it shall not be necessary to sell at 
the same time as for delinquent ad valorem taxes; and 
the city council may, by resolution or ordinance, make 
such rules and regulations, not inconsistent with law, 
as may be deemed necessary to provide for the speedy 
collection of such assessments for improvements. Any 
error or omission in describing property or designating 
the names of owners, or any other error or omission, may 
be corrected at any time by the city council or at the suit 
of any interested party. In any suit brought under the 
provisions of this section, it shall be proper to join 
as defendants two or more property owners who are in- 
terested in any single improvement or in any single con- 
tract for such improvement; the person or persons, firms 
or corporations who own property at the date of any 
ordinance providing for the assessment thereof, shall be 


CITY OF BEAUMONT. 


77 


severally and personally liable for their respective por- 
tions of said assessment. 

(3) At any time within ten days after the hearing 
herein provided for has been concluded, any person or 
persons, firm or corporation, firms or corporations, hav- 
ing an interest in any real estate which may be subject 
to assessment under this act, or otherwise, having any 
financial interest in such improvement or improvements, 
or in the manner in which the cost thereof is to be paid, 
who may desire to contest on any ground the validity 
of any proceeding that may have been had with reference 
to the making of such improvements or the validity in 
whole or in part of any assessment or lien or personal 
liability fixed by said proceedings, may institute suit for 
that purpose in any court of competent jurisdiction. Any 
person or persons, firm or firms, corporation or corpora- 
tions who shall fail to institute such suit in said period of 
ten days, or who shall fail to diligently prosecute such 
suit in good faith to final judgment, shall be forever 
barred from making any such contest or contests, and this 
limitation or estoppel shall bind their heirs, successors, 
administrators and assigns. The city of Beaumont and 
the person or persons to whom the contract has been 
awarded shall be made defendants in such suit, and any 
other proper parties may be joined therein. 

There shall be attached to plaintiff’s petition an 
affidavit of the truth of the matters therein alleged, ex- 
cept such matters as are alleged on information and be- 
lief, and that said suit is brought in good faith and not to 
injure or delay the city or the contractor or any owner 
of real estate abutting on the improvement. Unless the 
provisions of this section are complied with by plaintiff 
or plaintiffs, such suit shall be dismissed on motion of 
any defendant, and in that event plaintiff or plaintiffs 
shall be barred and estopped to the same extent as if suit 
had not been brought. In any case where a suit is brought 
as above provided in this section, then the performance 


78 


CHARTER AND ORDINANCES. 


of the work may be suspended in front of the property in 
volved in said suit, at the election of either the city or the 
contractors until sqch suit shall be finally determined 
in the court of original jurisdiction or any appellate 
court to which the same may be taken by appeal or writ 
of error; provided, that any appeal or writ of error shall 
be perfected within thirty days from the adjournment of 
the term of court of original jurisdiction at which final 
judgment was rendered in such suit; and provided, that 
no appeal or writ of error to review the judgment of said 
court may thereafter be taken or sued out by either party; 
and provided, that any such suit shall be entitled to prece- 
dence in the courts of this state, both of original and 
appellate jurisdiction, and shall be heard and determined 
as promptly as practicable, and to that end either party 
thereto may move for an early hearing. 

(k) When the city council shall have reason to 
believe that the owner or owners of any property may 
successively claim the same as exempt from special as- 
sessment, said city council may order that the improve- 
ments shall not be made in front of or abutting on said 
property, unless the owner or owners shall first make 
satisfactory provision for or satisfactorily secure the 
payment of the amount of the cost which would be 
assessed against the property except for said exemption. 
In any case where the cost or part thereof is to be paid 
by such property owners or assessed against their prop- 
erty and such property or part thereof is exempt from 
forced sale, and the contractor to whom the work is let 
is required to look primarily or wholly to such property 
or owners thereof for the payment of the proportion of 
the cost of said improvements assessed against them or 
such property, such contractor shall not be obliged to 
make said improvements in front of any such property, 
but may omit the construction in front thereof, provided, 
the said contractor, if he so desires, may enter into a con- 
tract with such owner of said exempt property for the 


CITY OF BEAUMONT. 


79 


construction of such improvements in accordance with 
the plans and specifications adopted by the city council, 
and said contractor shall be at liberty to make such con- 
tract as he sees proper, with regard to the payment of said 
work, and in case such contractor does make a contract 
with the owner or owners of such property for the con- 
struction of said work thereof, then, such contractor shall 
be compelled to construct and complete such work in 
front of said property in accordance with said plans and 
specifications. 

(l) Subject to the provisions hereof, the city coun- 
cil may, when deemed just and proper, order improve- 
ments to be made on only one side of a public highway 
or highways, or section or portion thereof, and may assess 
the cost, or a portion thereof, against the property own- 
ers of property abutting on said sides of said highway 
or highways, or section or portion thereof. 

(m) Whenever any error or mistake shall occur 
in any proceedings provided for by this Section, it shall 
be the duty of the city council to correct the same, and 
whenever it shall have been finally determined in any 
suit that any assessment against any property or the 
owner, or lien against such property or claim of personal 
liability fixed or attempted to be fixed under the terms 
hereof, is, for any reason invalid, unlawful or non-en- 
forcible, then it shall be the duty of the city council to 
at once proceed to re-assess against such property and 
the owners thereof such proportion of the costs of mak- 
ing such improvements as may be proper, lawful and 
just, and to fix a lien against said property and declare 
the personal liability of the owner thereof, and the city 
council shall have power, and it shall be its duty, by 
ordinance or resolution, to adopt such rules and regula- 
tions and to make such orders as shall, in compliance with 
the law, provide for correcting said mistakes and making 
a valid re-assessment against said property and fixing 
a valid lien thereon and a valid personal liability against 


80 


CHAETEE AND OEDINANCES. 


the owner thereof; and the city council shall have power, 
and it shall he its duty to adopt such rules and regula- 
tions for a hearing to the owners of said property be- 
fore said re-assessment, which may be necessary or 
proper in order to legally bind such owners and their 
property by said re-assessment; and shall have the power 
to adopt all other rules and regulations, which may be 
requisite to a valid re-assessment of such property or 
fixing a personal liability against the owners thereof. 

(n) Subject to the terms hereof, the cost of any such 
improvement or improvements, after deducting the por- 
tion of such costs which may be assessed agalust any 
railroad or street railroad or interurban railroad and 
the portion of such costs which may have been finally 
assessed against property abutting upon the highway or 
highways, or portion or section thereof, ordered to be 
improved, and against the owners of such property, shall 
be borne and paid by the city. 

(o) In addition to the power hereby conferred upon 
the city council to order the construction of any street 
improvement or improvements as herein defined, and to 
assess the cost thereof, in whole or part, against the own- 
ers of abutting property; whenever the owners of two- 
thirds of the front foot of property abutting upon any 
highway or highways, or sections or part thereof, shall, 
in writing, petition for the improvement thereof, and 
shall in said petition agree to pay two-thirds of the cost 
of such improvements, and of improving intersections 
of streets and alleys, exclusive of such cost as is payable 
under the terms hereof by railroads or street railroads 
or interurban railroads, and shall generally designate 
the nature of the proposed improvements, the city coun- 
cil must order the construction of said improvements; 
provided, only that before a resolution ordering the said 
improvements shall be passed by the city council, it shall 
be satisfied from the said’ petition or from such other 
evidence as may be submitted to it, that exclusive of the 


CITY OF BEAUMONT. 


81 


cost of the said improvements to be piad by railroads 
and street railroads and internrban railroads, at least 
one-half of the whole cost of said proposed improve- 
ment can be secured by valid assessment against prop- 
erty abutting upon the public highway or highways, or 
section thereof to be improved, and the owners thereof, 
or will otherwise be satisfactorily secured. 

Where improvements are ordered to be made upon 
such petition as provided in this sub-section, the method 
of procedure with reference thereto and with reference 
to assessing the cost thereof against abutting property 
and the owners thereof, shall, subject to the special pro- 
visions of this sub-section (o), be in accordance with 
the terms and provisions of this Section. Where im- 
provements are to be made upon such petition and as 
provided in this sub-section, the work shall not actually 
be begun until two-thirds of the cost of said improve- 
ments, exclusive of the part of the cost to be paid by 
railroads or street railroads and interurban railroads, 
shall have been assessed against the property abutting 
upon the public highway or highways, or section there- 
of, to be improved, and against the owners of such prop- 
erty, in the manner hereinbefore provided in this section ; 
provided, however, that no assessment shall be made, 
claim of personal liability fixed against any such property 
or the owner thereof, except after the hearing as here- 
inbefore provided, nor for a greater amount than the 
special benefit in enhanced value accruing to such prop- 
erty and its owners; and provided, that whenever, after 
such assessment the city council shall be of the opinion 
that an assessment against any property and the lien 
thereby fixed cannot be enforced on account of the ex- 
emption of such property, the city council may direct 
that such improvement shall not be made in front of 
same. Where improvements are made under the terms 
of this sub-section (o), and the cost thereof is assessed 
against the abutting property or the owners thereof, the 
proportion of the cost assessed against them and their 


82 


CHARTER AND ORDINANCES. 


property shall be payable to the city of Beaumont in 
five annual installments, the first of which shall become 
due one year from the completion of said work, and its 
acceptance by the city; said installments shall bear in- 
terest, as hereinbefore provided, at six per cent per 
annum, and shall otherwise be subject to the provisions 
of this section as to similar assessments and the pay- 
ment thereof. When improvements are to be made under 
the terms of this sub-section, the city may, out of the 
permanent street improvement fund hereinafter defined, 
or out of any other fund which may be available, pay to 
the contractor the whole cost of such improvement, sub- 
ject to the terms of the contract or contracts entered into 
therefor, except such proportion of the cost as may be 
assessed against railroads, street railroads and interur- 
ban railroads as herein provided; but two-thirds of said 
cost paid by the city and assessed against said property 
and owners thereof, or secured by them to the city, shall 
be repaid by such owners to the city in installments and 
with inteerst as herein set forth ; provided, that any prop- 
erty owner may pay the whole amount assessed against 
him and his property in cash to the city at any time. 
Such payments shall become a part of, and sacredly pre- 
served in, said street improvement fund, but any part of 
said fund may be used and invested and reinvested by the 
city for making other permanent street improvements, 
provided, that sums so used or reinvested, shall he se- 
cured by assessment against other property. 

(p) Where public improvements are ordered to be 
made otherwise than upon such petition and in the man- 
ner set forth in sub-section (o) hereof, the cost, or part 
thereof, may be assessed against abutting property and 
its owners, as herein provided, and in such cases the city 
council may provide that for the part of the cost which 
may be assessed against such property and its owners, 
the contractor, to whom the work may be let, shall look 
to such property owners and their property, and that 
the city shall be relieved of liability for such portion of 


CITY OF BEAUMONT. 


83 


the cost. The city council may also authorize assignable 
certificates against abutting property or property own- 
ers, or against persons, firms, or corporations using or 
occupying the public highways, to be issued to the con- 
tractor or to the city, and shall prescribe the form and 
terms of such certificate. The recital in such certificates 
that the proceedings with reference to making such im- 
provements have been regularly had in compliance with 
the terms hereof, and that all prerequisites to the fixing 
of the lien and claim of personal liability evidenced by 
such certificates, have been performed, shall be prima 
facie evidence of the facts so recited, and no other proof 
thereof shall be required, but in all courts the said pro- 
ceedings and prerequisites shall, without further proof, 
be presumed to have been had or performed. Such cer- 
tificates shall be executed by the mayor and attested 
by the city secretary, or such other officer as may be 
designated by the city council, with the corporate seal. 

(q) The passage by the city council of an ordinance 
finally assessing against any property, or the owner 
thereof, the cost, or part thereof, of any improvement, 
and fixing a lien upon such property, shall operate as 
notice of such lien to all purchasers thereof, and the 
lien thereby fixed shall, without further record or pro- 
ceedings be effective againts such creditors or purchas- 
ers. 

(r) In order to give additional notice to parties 
dealing with the owner or owners of the property on or 
against which assessment is made and lien is created, the 
mayor of the city of Beaumont shall make out a certifi- 
cate certifying: (a) The passage of the ordinance cre- 
ating such lien, giving date of passage and the taking 
effect thereof, (b) Giving a brief description of the 
property on or against which the lien is created, (c) The 
amount of assessment against each piece of property on 
or against which the lien is created, (d) The amount 
and time when due of each payment, and the rate of in- 
terest the debt bears, and the date from which interest is 


84 


CHARTER AND ORDINANCES. 


to be computed, (e) The name of the owner or owners 
thereof, if known, and if not known, a certificate shall 
state that fact, (f) The completion of said improve- 
ments and the date thereof. 

The said certificate shall be signed and acknowl- 
edged by the mayor in the manner and form prescribed 
by the general laws of the State of Texas for the taking 
of acknowledgements to deeds conveying real estate. 
Such certificates when so made, signed and acknowl- 
edged, shall be filed with the Clerk of the County Court 
of Jefferson County, Texas, who shall record the same 
in the records where he records mortgages and deeds of 
trust on real property; such certificate so acknowledged 
and filed for record shall be the same notice as deeds 
or other instruments properly acknowledged and filed 
for record under the general laws of the State of Texas, 
provided that a substantial compliance with the above is 
all that is necessary to perpetuate the lien and to give 
notice thereof. 

Sec. 78. The term 1 1 sidewalk” as embraced in this 
article shall also include curbs. The city of 'Beaumont 
acting by its city council, is hereby empowered to con- 
struct, reconstruct, repair or cause to be constructed’, re- 
constructed or repaired sidewalks upon or along any 
street or avenue or public place, square or alley, or any 
section or part thereof, within the said city, and to assess 
the whole cost of the said sidewalk or part of same against 
the property which shall abut or front thereon and the 
owners theerof, except the cost of excavation or grading 
which shall be borne by the city. 

(a) The power to construct, reconstruct, or repair 
said sidewalks, or cause the same to be constructed, re- 
constructed or repaired as provided in this section, and 
the procedure and methods herein provided, shall be in 
addition to such powers as are conferred and such pro- 
cedure and methods as are set forth in Section 77. 

(b) The city council shall have power in their dis- 


CITY OF BEAUMONT. 


85 


cretion by ordinance or resolution passed by a majority 
vote to order the construction, reconstruction or repair 
of sidewalks as herein provided along or upon any street 
or avenue, public place, alley or square, or part or section 
thereof, within the city or in front of any property abut- 
ting on the same. No notice of the passage of said ordi- 
nance or resolution shall be necessary. Such ordinance 
or resolution shall, in general terms, describe the side- 
walk ordered to be constructed, reconstructed or repaired, 
the material of which it is to be constructed, reconstruct- 
ed or repaired, and the street, avenue, alley, square or 
public place or part or section thereof, along which said 
^ sidewalk is to be constructed, reconstructed or repaired. 

(c) Upon the passage of the said ordinance or reso- 
lution it shall be the duty of the city engineer to forth- 
with prepare and present to the city council specifica- 
tion for the said sidewalks, or repairs for same, detailing 
the manner of construction, reconstruction or repair 
thereof, and the material or materials of which the same 
is to be constructed, reconstructed or repaired. If satis- 
factory, the city council shall approve the said specifi- 
cations and the same shall remain on file in the office of 
the city engineer. 

(d) Upon the approval of said specifications the 
city engineer shall at once prepare and file with the city 
council a statement containing the name or names of the 
owner or owners of property abutting upon the street, 
avenue, alley, public place or square or part of section 
thereof, where sidewalks are ordered to be constructed, 
reconstructed or repaired, and a brief description of the 
property of each owner, which may be by lot and block, 
or any other description which shall be sufficient to 
identify the same, together with an estimate of the cost 
of the sidewalk or the repair of same in front of the prop- 
erty of each owner, exclusive of the cost of grading and 
excavating. Upon the filing of said statement, it shall 
be the duty of the city secretary, or such other officer 


86 


CHARTER AND ORDINANCES. 


as . may be designated by the city council, to publish in 
a daily newspaper, for five consecutive days, of gen- 
eral circulation within the city of Beaumont, a notice 
to the owner or owners of property in front of which said 
sidewalk or sidewalks are to be constructed, reconstructed 
or repaired, which notice shall briefly recite the fact 
that sidewalks have been ordered to be constructed, re- 
constructed or repaired by the city council, and state the 
street, avenue, alley, place or square or section or part 
thereof, along which the same are orderd to be construct- 
ed, reconstructed or repaired, and that plans and speci- 
fications for such work have been adopted by the city 
council and are on file in the office of the city engineer, 
and notifying the owners of property abutting upon such 
proposed sidewalk or sidewalks to contsruct, reconstruct 
or repair same in accordance with said resolution and 
specifications within thirty days from the publication of 
the said notice. The city council shall have power to 
adopt rules and regulations for giving addition notice to 
the owner or owners of such property in such manner 
as may be by the city council prescribed, or for personal 
service or notice upon property owners, but any such 
notice shall be in addition to, and cumulative of the ad- 
vertisement above provided for, and service of notice by 
such advertisement shall be deemed sufficient without 
further or additional notice. 

(e) The owner or owners of property abutting upon 
the street, avenue, public alley, place or square, or part 
or section thereof, along which sidewalks are ordered 
to be constructed, reconstructed or repaired, shall, with- 
in thirty days from the publication of such notice, con- 
struct, reconstruct or repair the said sidewalks in ac- 
cordance with such specifications, at his or their own 
cost and expense, except the cost of excavation and grad- 
ing, which cost shall be borne by the city. 

(f) The failure of any owner or owners of property 
in front of whose property sidewalks have been ordered 


CITY OF BEAUMONT. 


87 


to be constructed, reconstructed or repaired, under the 
terms hereof, to construct, reconstruct or repair the same 
as herein provided, within thirty days from the giving of 
the said notice, is hereby declared to be a public nuisance, 
and the city, acting by its city council, is hereby author- 
iezd, by ordinance, to declare the failure to construct, 
reconstruct or repair such sidewalks an offense against 
the criminal ordinances of said city, and to declare each 
day wherein the owner of such property shall neglect to 
so construct, reconstruct or repair said sidewalks after 
said thirty days a separate offense, and to impose a pen- 
alty for such offense by fine upon conviction in the cor- 
poration court not exceeding one hundred ($100.00) dol- 
lars. 

(g) If the owner or owners of any property in front 
of which sidewalks are ordered to be constructed, re- 
constructed or repaired, under the terms hereof, shall not, 
within thirty days from the publication of said notice, 
have constructed, reconstructed or repaired said side- 
walks, the city council shall have power by ordinance 
or resolution, and it shall be their duty, to order said 
construction, reconstruction or repair by the city, and 
to cause the same to be constructed, reconstructed or re- 
paired either direct by the city or to let the work of con- 
struction, reconstruction, or repairing the same by con- 
tract under such rules and regulations as may be adopted 
by the city council,, and with or without competitive bid- 
ding, at the discretion of the city council; provided, the 
cost of such sidewalk does not exceed five hundred 
($500.00) dollars. 

(h) Whenever the city shall have constructed, re- 
constructed or repaired, or caused to be constructed, re- 
constructed or repaired, any sidewalk, as herein provided, 
the city council shall have power to assess the whole cost 
thereof, except the cost of excavation and grading, which 
shall be borne by the city, against the property abutting 
upon the street, avenue, alley, place or square, upon 


88 


CHARTER AND ORDINANCES. 


which said sidewalk shall have been constructed, recon- 
structed or repaired, and the owner or owners thereof; 
provided, that no assessment shall be made against any 
property, or its owner or owners, or personal liability 
declared unless the said property shall be specially bene- 
fited by the construction, reconstruction or repair of 
said sidewalk, nor for any sum in excess of the special 
benefit in enhanced value which shall accrue to the said 
property and its owner from the construction, recon- 
struction or repair of the said sidewalk. When such 
sidewalk is ordered to be contsructed, reconstructed or 
repaired in front of the property of one owner, subject 
to the terms hereof, the cost of such sidewalk shall be 
assessed against such property and the owner thereof. 
Where sidewalks are ordered to be constructed, recon- 
structed or repaired in front of the property of more than 
one owner, or in front of more than one lot along any 
street, avenue, public place, alley or square or part or 
section thereof, the cost of construction, reconstruction or 
repairs of the said sidewalk in front of the property of 
each owner shall be assessed against such owner and his 
property separately and a separate liability against such 
owner declared. 

(i) No assessment for the cost of such sidewalk 
shall be made against any property or its owner, until the 
city council shall have first so declared, by ordinance or 
resolution, directing notice thereof to be given to the 
owner or owners of such property. Said notice shall be 
given by advertising the same in a daily newspaper of 
general circulation in the city of Beaumont for five con- 
secutive days, and also by mailing to said owner or own- 
ers a copy of said notice by registered letter deposited 
in the postoffice of Beaumont, directed to the address of 
said owner if known, but if the address of any owner be 
not known, then to the agent or attorney of such owner, if 
known; provided, that the letters aforesaid shall be de- 
posited in the postoffice not less than five days prior to 


CITY OF BEAUMONT. 


89 


the date set for the hearing hereinafter mentioned: and 
provided further, that the method herein prescribed for 
srvice of notice by registered letter shall be merely cumu- 
lative of the service of notice by publication above men- 
tioned; and provided, that in all cases where personal 
service by letter shall not be obtained, the service by 
publication shall be deemed valid and binding. The no- 
tice aforesaid, shall state the time of the hearing herein- 
after mentioned, the general character of the sidewalk 
ordered to be constructed, reconstructed or repaired, the 
street, avenue, public alley, square or place, or part or 
section thereof, along which the same has been construct- 
ed, reconstructed or repaired, and that the cost of the 
said work is proposed to be assessed against the owner 
or owners of property abutting thereon, and the date of 
the hearing. Said hearing shall not be less than ten days 
from the date of the first publication of the said notice. 
On the date stated in the notice aforesaid, or at any time 
thereafter, before any assessment is actually levied, any 
person, firm or corporation interested in any property 
which may be claimed to be subject to assessment for the 
purpose of paying the cost of the construction, recon- 
struction or repair of said sidewalk, shall be entitled to 
a full and fair hearing before the city council, as to all 
matters affecting said property or the benefits thereto, 
of such construction, reconstruction or repair of such 
sidewalk, or as to any personal liability therefor, or as 
to any irregularity or invalidity in the proceedings with 
reference to construction, reconstruction or repairing 
said sidewalks or any other objection thereto. Such ob- 
jections shall be filed in writing, specifying the nature 
thereof, and full opportunity shall be given to the person, 
firm or corporation filing the same to produce evidence, 
subpoena witnesses, and to appear in person or by at- 
torney, and full and fair hearing thereof shall be given 
by the city council; which hearing may be adjourned 
from time to time without further notice. The city coun- 
cil shall have power to inquire into and determine all facts 


90 


CHARTER AND ORDINANCES. 


necessary to the adjudication of such objections and as- 
certainment of special benefits to the owner by reason 
of the construction, reconstruction or repair of such side- 
walk, and shall render such judgment or order in each 
case as may be just and proper. Any objection to the 
regularity of proceedings with reference to the construc- 
tion, reconstruction or repair of such sidewalk, or to the 
validity of any assessment, or the determination of per- 
sonal liability against such property or its owner, shall 
be deemed waived unless presented at the time and in 
manner herein specified. 

(j) When the hearing above mentioned has been 
concluded the city council shall, by ordinance, assess 
against the owner or owners of property, or against their 
property abutting upon the sidewalks so constructed, re- 
constructed or repaired, the cost of construction, recon- 
struction or repairing such sidewalks in front of the prop- 
erty of each owner and adjudge and declare a personal 
liability against such owner or owners thereof, if it shall 
have been determined fey the city council, upon such hear- 
ing, that said owner or owners and their property have 
been benefited in the enhanced value of said property in 
an amount at least equal to such cost, but if in any case, 
it shall have been determined on such hearing that the 
property of any owner i snot benefited in enhanced value 
by such construction, reconstruction or repair of such 
sidewalk, then no assessment shall be made against the 
property of such owner, or, if after such hearing, it shall 
be determined by the city council that said property has 
been beenfited in enhanced value in any amount less than 
the cost of the construction, reconstruction or repair 
thereof, then the city council shall assess against said 
owner and his property only such amount as shall equal 
the benefit received by such owner and his property. The 
ordinance making the said assessment shall fix a lien 
upon the property of each owner or owners and declare 
the owner or owners thereof to be personally liable for 


CITY OF BEAUMONT. 


91 


the respective amounts which may be assessed against 
them; and shall state the time at which said assessment 
shall be paid, which shall not be prior to the completion 
of the improvement abutting the property of each owner. 
Such assessment shall bear interest from the date of the 
completion of such work until paid at the rate of six per 
cent per annum. 

(k) The amount assessed under the terms hereof 
against any property, or owner thereof, shall be secured 
by a lien upon said property, and shall constitute a per- 
sonal liability against the owner or owners thereof in 
favor of the city of Beaumont, and the said liability and 
lien may he enforced either by suit in any court of com- 
petent jurisdiction, or by sale of such property of said 
owner or owners, in the manner provided by law, and this 
Charter for the sale of property for other taxes. Said 
assessment shall include all costs incurred. In all 
cases where sale of any property shall be made for non- 
payment of such assessment or assessments in the man- 
ner provided for the sale of property for non-payment of 
other taxes, such sale shall be made by the tax collector of 
the city of Beaumont, or such other officer as may be 
designated by the city council, and the deed executed by 
said tax collector, or other officer as may be designated 
by the city council, and the recital in the deed of such tax 
collector or such other officer as may be designated by 
the city council, that all legal prerequisites of said sale 
have been complied with shall be prima facie evidence 
of the truth of the facts so recited, which facts shall, in 
all courts of law and equity, be presumed to be true with- 
out further evidence thereof. The city council may at 
its discretion, provide, that asisgnable certificates be is- 
sued for the amount of such assessment, and shall have 
power to prescribe the form and terms of said certifi- 
cates. Said certificates may recite that all legal pre- 
requisites to said assessment and the fixing of a lien upon 
said property have been complied with, which recital 


92 


CHARTER AND ORDINANCES. 


shall be prima facie evidence of the truth of the facts so 
recited, and without further proof said facts shall be 
presumed. 

(1) Any person, firm or corporation having any in- 
terest in said property upon which said assessments shall 
have been made, shall have the right to contest the same 
or the validity thereof or the regularity of any proceeding 
with reference to the said assessment; or the special bene- 
fit received by the owners of any property, by filing suit 
in any court having jurisdiction thereof, in which suit the 
city of Beaumont shall be defendant and any other proper 
person may be made defendant, provided, that such suit 
shall be brought within ten days from the date of the 
passage of the ordinance making such assessment upon 
such property, and if not so brought, then the owner or 
other person or corporation having an interest in said 
property shall thereafter be barred and estopped to ques- 
tion the validity thereof ; and this bar and estoppel shall 
apply to the heirs, assigns, successors and personal rep- 
resentatives of such person or corporation. 

Sec. 79. In addition to the powers herein conferred 
by Sections 77, and 78, the city shall have the following 
powers: Whenever the city council shall deem it neces- 
sary to grade, fill, raise, repair, macadamize, re-macad- 
amize, pave, repave or otherwise improve any avenue, 
street or alley, or portion therof, or to make, repair or 
improve any gutter or gutters, curb or curbs, sidewalk 
or sidewalks on any avenue, street or alley or portion 
thereof, and shall be of the opinion that certain real es- 
tate abutting on such proposed improvement or improve- 
ments will be specially benefited thereby, and shall deem 
it just for the owner or owners of such real estate so 
specially benefited to pay the cost of such proposed im- 
provement or improvements, or a portion of such cost, the 
city council shall, by ordinance or resolution, so declare; 
such ordinance or resolution to define the limits within 
which all real estate will be so specially benefited by 


CITY OF BEAUMONT. 


93 


such proposed improvement or improvements. All real 
estate within such limits, as such limits may be finally 
established, as hereinafter provided, shall be known as 
an improvement district, and when so established, shall 
be designtaed by a certain number. 

(a) An improvement district shall include all such 
real estate, and only such real estate, as in the opinion of 
the city council will be specially benefited by such pro- 
posed improvement or improvements, in proportion to 
its value, and to an amount at least as great as its pro 
rata of the cost of such proposed improvement or im- 
provements or so much of such cost as shall be paid solely 
by the owners of the real estate within such improvement 
district. 

(b) Such ordinance or resolution of the city council, 
hereinbefore provided for, shall also direct the city tax 
assessor to report in writing, to the city council the total 
assessed value of all the real estate within such improve- 
ment district, according to the last annual assessment. In 
case the records of the city tax assessor do not show the 
assessed value of all the real estate within such improve- 
ment district, the city tax assessor shall estimate the 
actual value of all such real estate within such improve- 
ment district, the assessed value of which is not separately 
shown by his records, and shall include such estimated 
value in his report hereinbefore provided for. 

(c) The reports of the city engineer and the city 
tax assessor hereinbefore provided for shall be advisory 
only, their purpose being to furnish the city council with 
information that will aid the city council in finally de- 
termining whether or not such proposed improvement or 
improvements shall be made, and how and by whom the 
cost of the same shall be paid, and no errors or omission 
in such reports, or either of them, shall invalidate any of 
the proceedings of the city council, or any proceedings 


94 


CHARTER AND ORDINANCES. 


that may be had under the order or authority of the city 
council. 

(d) After receiving and considering the reports 
from the city engineer and city tax assessor hereinbefore 
provided for, if the city council is then of the opinion 
that the proposed improvement or improvements should 
be made the city council shall direct the city engineer to 
prepare complete specifications for the same, which speci- 
fications shall prescribe the manner in which the work 
shall be done, and the nature, quality and character of the 
materials to be used, and shall also contain such other 
provisions as the city council may deem proper. When 
such specifications are submitted to the city council by 
the city engineer, they may be amended by the city coun- 
cil to whatever extent may be deemd proper, subject to 
the provisions of this section, and may then be adopted 
by the city council. If a majority in value of the resident 
real estate owners within any such improvement district 
shall in writing petition the city council to make any 
such improvement or improvements according to specifi- 
cations or of materials designated in such petition, or 
shall by petition specify how the cost of the same, taxable 
against the owners of real estate within such improve- 
ment district, shall be paid, within the authority and the 
limitations prescribed by this section, it shall be man- 
datory on the city council, if such improvement or im- 
provements shall be made at all to comply with such pe- 
tition, and in the event such improvement or improve- 
ments shall be made of the materials and according to the 
specifications designated in such petition, the city coun- 
cil to have the power to add such details and other pro- 
visions to such specifications, not inconsistent with such 
petition, as the city council may deem proper. 

(e) Before the construction of such proposed im- 
provement or improvements shall be finally ordered, and 
subject to the provisions of this section, the city council 
shall by resolution or otherwise determine how the cost 


CITY OF BEAUMONT. 


95 


of the same shall be paid, whether wholly by the owners 
of the real estate within such improvement district, or in 
part by such owners and in part out of the general reve- 
nues of the city, or other revenues or resources that may 
be properly appropriated for that purpose. 

(f) After the proceedings hereinbefore provided 
for the city council shall cause at least ten days’ notice 
to be given to all persons and corporations owning any 
real estate within such improvement district or any other 
interest in such real estate and any and all other persons 
and corporations in any way interested in such improve- 
ment or improvements, or in the manner in which the 
cost of the same is to be paid, which notice shall briefly 
state the nature of such proposed improvement or im- 
provements, and shall refer to the specifications for fur^ 
ther particulars, and shall state the limits of such im- 
provement district, and shall notify all such persons and 
corporations to file in writing with the city secretary any 
objections they may have either to the making of such 
improvement or improvements, or to the manner in which 
the cost of the same is to be paid, or to the manner in 
which said improvement district is constituted or any 
other objections any such persons, firms or corporations 
may desire to present. Such notice shall state the time 
when such objections shall be filed, which time shall be 
after the final publication of such notice, and such notice 
shall be served by causing the same to be published for 
at least five days in a daily newspaper of general cir- 
culation in the city. A newspaper published on all week 
days shall be deemed a daily newspaper within the mean- 
ing of this section. 

(g) At any regular or adjourned meeting of the 
city council, or any special meeting called for that pur- 
pose, after the lapse of time provided for receiving ob- 
jections, as hereinbefore provided, the city council shall 
hear and determine all objections that may have been 
filed, and such hearings may be continued from time to 


96 


CHARTER AND ORDINANCES. 


time until all such objections are fully considered and 
disposed of. At such hearing or hearings full opportu- 
nity shall be given to the parties filing such objections, 
to present the same to the city council, together with any 
proper evidence in suppost of such objections that they 
may desire to offer, and the city council shall thereupon 
make such orders and directions on such objections as 
may be just and proper, and any and all objections not so 
presented shall in any subsequent judicial or other pro- 
ceeding be considered as waived. 

(h) If it shall appear from such objections filed 
that the owners of a majority in value of real estate 
within such improvement district are opposed to the 
making of such improvement or improvements, the cost 
of which is to be charged in whole or in part against 
them, in that event the city council shall so declare and 
shall not order said improvement or improvements made. 
If a majority in inteerst shall fail to object, in the time 
and manner hereinbefore specified, the city council shall 
have the power to order such improvemnt or improve- 
ments made, and to provide for the payment of the cost 
of the same as provided in this section. 

(i) If it shall appear upon the hearing of such ob- 
jections that any real estate within such proposed im- 
provement district will not be specially benefited by such 
proposed improvement or improvements in proportion to 
its value, and to an amount at least as great as its pro 
rata of the cost of such proposed improvement or im- 
provements (or its pro rata of so much of such cost as is 
to be paid by the owners of the real estate within such 
improvement district), in either of such events such real 
estate shall be excluded from such proposed improve- 
ment district, and the remaining real estate shall be con- 
stituted and established as such improvement district. If 
no such objections shall be made, or if no such objections 
that are made shall be sustained, in either of such events, 


CITY OF BEAUMONT. 


97 


the real estate within the limits originally proposed shall 
be constituted and established as such improvement dis- 
trict. 

(j) No real estate of any kind within any such im- 
provement district shall be exempt from any of the taxes, 
assessments and charges authorized by this section. 

(k) After hearing and disposing of any and all ob- 
jections, remonstrances and petitions that may have been 
filed in accordance with the provisions of this section, and 
after finally settling the limits of such improvement dis- 
trict, after adopting the specifications of such improve- 
ment or improvements, and after determining how the 
cost of the same shall be paid, the city council shall order 
an advertisement for sealed bids for the work. Such ad- 
vertisement shall be published for at least five days in 
some daily newspaper designated by the city council, 
having a general circulation in the city of Beaumont, and 
may also be otherwise and elsewhere published if the 
city council shall so direct, and such advertisement shall 
state when and where bids shall be received, and shall 
contain such other information and direction as may be 
deemed proper. All bids shall be opened at a regular or 
special public session of the city council, and in the pres- 
ence of such bidders or their agents or representatives 
as desire to attend. The contract for the work shall be 
awarded by the city council to the bidder whose bid is in 
their judgment most advantageous to the city and to the 
property owners who are to contribute to the payment 
of the cost of the work. The city council shall have the 
power in its discretion to reject any and all bids, or parts 
of bids, and shall reject any bid or bids if requested so to 
do by written petition of a majority in value of the real 
estate owners within such improvement district; pro- 
vided, that if all bids be rejected the city council may pro- 
ceed to make such improvements, and ten days shall be 
allowed after opening bids for the filing or any such pe- 
tition or petitions. 


98 


CHARTER AND ORDINANCES. 


(1) At any time within ten days after the contract 
for the work has been awarded by the city council, any 
person or persons, corporation or corporations, having 
any interest in any real estate within such improvement 
district, or otherwise having any financial interest in 
such improvement or improvements or in the manner in 
which the cost of the same is to be paid, and who desire 
to contest on any ground or grounds whatsoever, the 
validity of any of the proceedings that may have been 
had or ordered, or the validity of the lien for the cost or 
any part of the cost of any such improvement or improve- 
ments upon any property that the city council may have 
declared to be subject to such lien, may intsitute suit for 
that purpose in any court of competent jurisdiction. 

Any person of persons, corporation or corporations, 
who. shall fail to institute such suit within ten days after 
such contract has been awarded, or who shall fail to dili- 
gently prosecute in good faith any such suits to final 
judgment, shall be forever barred and estopped from 
making any such contest or contests, and this bar or es- 
toppel shall also bind their heirs, successors, executors 
and administrators and assigns. The city of Beaumont 
and the person or persons to whom the contract has been 
awarded shall be made defendants in any such suit and 
such parties may also be joined as plaintiffs or defend- 
ants as may be proper. The plaintiff or plaintiffs in any 
such suit shall, when the suit is instituted, also file a bond 
with at least two good and sufficient sureties, to be ap- 
proved by the clerk or judge of the court where such suit 
is filed, payable to the defendants, conditioned that the 
plaintiffs will diligently and in good faith prosecute such 
suit to a final judgment, and will abide the judgment, or 
decree of the court. If, upon final hearing the judgment 
shall be against the plaintiff or plaintiffs in such suit, he 
or they, and the sureties on said bond, shall be liable to 
defendants for all costs and damages that shall have been 
incurred on account of such suit, and the same may be 


CITY OF BEAUMONT. 


99 


recovered either by cross action in the said suit, or by an 
independent suit, as defendants may elect. There shall 
be attached to plaintiff’s petition in such suit an affi- 
davit to the truth of the matters alleged in the petition, 
and that such suit is brought in good faith, and not to 
injure or delay the city or the contractor or any real es- 
tate owners within such improvement district. Unless 
the provisions of this section are complied with by the 
plaintiff or plaintiffs, such suit shall be dismissed on 
motion of defendant or defendants, and in that event 
plaintiff or plaintiffs shall be barred and estopped to the 
same extent as if such suit had not been filed. 

(m) If within ten days after the awarding of the 
contract, any such suit or suits shall be brought, as pro- 
vided in this section, the performance of the work shall 
be suspended in front of the property involved in the 
suit, at the election of either the city or the contractor, 
until such suit shall be finally determined in the court of 
original jurisdiction or any appellate court to which the 
same may be taken by appeal or writ of error; provided, 
that any appeal shall be perfected within thirty days after 
final judgment in the court of original jurisdiction, and 
no appeal or writ of error to review the judgment of such 
court shall be thereafter taken or sued out by either party, 
and any such suit shall be entitled to precedence in the 
courts of this State, both of original and appellate juris- 
diction, and shall be heard and determined as promptly 
as practicable; and to that end, in case of an appeal, 
either party may, as soon as practicable, cause a tran- 
script of the record to be filed in the proper court of civil 
appeals and move for an order setting said cause for an 
early hearing. 

(n) At or before the time the contract for the work 
is awarded, the city council shall, by ordinance or reso- 
lution, make due and proper provision for the payment 
of the costs thereof. The amount, if any, to be paid by 
the city at large, shall be duly appropriated for that pur- 


100 


CHARTER AND ORDINANCES. 


pose out of the available funds or resources properly 
applicable thereto; and the amount to be paid by the 
owners of real estate within such improvement district, 
together with all interest that may accure thereon, and 
the cost of levying, assessing and collecting taxes on such 
real estate, for the payment thereof, shall be declared a 
lien upon such real estate, and to be levied, assessed and 
collected from time to time, according to the assessed 
value of such real estate, until such amount and all in- 
terest thereon shall be fully paid and discharged. 

(o) The city of Beaumont shall have the right, at 
the election of the city council and subject to the pro- 
visions of this section and without any vote of qualified 
voters or taxpayers, except as provided in this section, to 
issue either street improvement district warrants or street 
improvement district bonds in payment for so much of 
the cost of the work as may be chargeable against the 
owners of real estate wtihin such improvement district, 
or for the purpose of obtaining money to make such pay- 
ment, and such warrants or bonds may be issued direct 
to the contractor in payment for the work, or such war- 
rants or bonds may be sold, and the proceeds paid to the 
contractor in payment for the work. Whether bonds or 
warrants are issued in either event, no tax shall be levied 
for any one year on any real estate within such improve- 
ment district for the purpose of paying the same in whole 
or in part or any interest thereon, or for the purpose of 
providing for interest and a sinking fund, which, includ- 
ing all other city taxes, shall exceed two per cent of the 
assessed value of such real estate; but, for the purpose 
aforesaid, taxes, including all other city taxes, may be 
annually levied to an amount not exceeding two per cent 
of such assessed value without any vote of the qualified 
voters or tax-payers, except as provided in this section. 
When bonds or warrants are issued direct to the con- 
tractor, they shall be issued in such denominations as 
may be determined by the city council. 


CITY OF BEAUMONT. 


101 


(p) Bonds, authorized by this section to be issued, 
shall be payable, principal and interest, at such time and 
place, and shall bear such rate of interest as the city 
council may direct, not to exceed six per cent per annum. 
They shall state the purpose for which they are issued, 
and the number of the improvement district on account of 
which they are issued. They shall not be- issued until the 
amount chargeable against the real estate within such 
improvement district shall be ascertained, and shall not 
be issued in excess of such amount. Due provisions shall 
be made to assess and collect annually upon and from 
the real etsate within such improvement district, a suffi- 
cient amount to pay the interest thereon and create a 
sinking fund of at least two per cent thereon. 

(q) Warrants authorized by this section to be issued 
may be issued subject to the provisions of this section 
in such denomination and bearing such rate of interest 
as the city council may direct, not to exceed six per cent 
per annum. They may consist of different series, each 
series to mature annually until they all become due. Such 
series shall be so arranged that so far as practicable, in 
the judgment of the city council, the annual charge for 
interest and principal shall be approximately the same. 
Such warrants may be divided into as many annual series 
as the city council may direct. They shall state the pur- 
pose for which they are issued, and the number of the im- 
provement district on account of which they are issued. 
They shall not be issued until the amount chargeable 
against the real estate within such improvement district 
shall be ascertained, and shall not be issued in excess of 
such amount. Due provisions shall be made to assess 
and collect annually upon and from the real estate within 
such improvement district a sufficient amount to pay the 
principal and interest on such warrants as they mature, 
whiph amount shall not be less than sufficient to pay the 
interest and at least two per cent of the total principal 
of said warrant. Such bonds or warrants shall be in such 


102 


CHARTER AND ORDINANCES 


form as the city council may direct or approve, subject to 
the provisions of this section, and shall be signed by the 
mayor and attested by the city secretary and the seal of 
the city, and shall be assignable, negotiable and collect- 
ible in all respects as other valid obligations of the city. 

(r) Any contract for paving or repaving of any 
avenue, street or alley, or portion thereof, shall provide 
that the contractor shall at his own cost and expense 
maintain such pavement in perfect repair for five years 
from and after the completion and acceptance of the 
work, and at the same time the contractor shall execute to 
the city of Beaumont a bond with an approved surety 
company as surety, in an amount equal to at least twenty 
per cent of the total contract price, conditioned for the 
full and faithful performance of such contract, and fur- 
ther conditioned that such work shall be kept up and in 
perfect repair for five years. Suit may be brought from 
time to time by the city of Beaumont on such contract and 
bond for successive breaches of the same, but no person 
or corporation other than the city of Beaumont, shall 
have any cause of action against the contractor or the 
surety or sureties on his bond on account of any alleged 
breach of contract or bond. 

(s) The city council shall have the power to deter- 
mine any and all questions of fact necessary to the exer- 
cise and discharge of its duties and powers, and it shall 
be presumed that all such questions of fact have been 
properly determined in such a manner as to support the 
validity and regularity of any and all proceedings of the 
city council. 

(t) For all tax purposes real estate shall be deemed 
sufficiently and legally described if the description of 
the same is sufficient to identify the same with reasonable 
certainty, and the failure to state the name of the owner, 
or any error in stating the owner’s name, shall not inval- 
idate any assessment or any proceedings in reference to 
any tax or the collection of the same; and the city council 


CITY OF BEAUMONT. 


103 


shall have the power by ordinance or resolution, to make 
provisions for the brief and certain description of real 
estate for purposes of taxation. 

(u) If in the construction of sidewalks, curbs or 
other street improvements, any owner of any real estate 
in any improvement district shall have improved his own 
property in such manner that his improvements may 
properly be made a part of the general improvement of 
the kind in the district, the city engineer shall appraise 
its value, and such appraisement shall be submitted to 
the city council for approval or revision, and the value of 
the same as approved by the city council shall be allowed 
as a set-off against the assessments against his said prop- 
erty to pay for such improvement or improvements. 

(v) It shall be lawful for separate contracts to be 
made at the same time or at different times, for different 
kinds of street improvements in any district; that is to 
say, one contract for paving, another contract for side- 
walks or for curbs, or two or more kinds of such improve- 
ments may be embraced in one contract. It shall also he 
lawful to organize street improvement districts for 0T3e 
or more kinds of street improvements, and the boundaries 
of a district organized for the construction of one or more 
kinds of street improvements may overlap in whole or 
part the boundaries of a district or districts organized 
for the construction of a different kind or kinds of street 
improvements. 

(w) None of the provisions of Section 45 of this 
Charter providing for the tax rate of the city shall apply 
to street improvement district bonds or warrants issued 
under the provisions of this Section (79), and the tax 
levied to pay the interest and sinking fund on such bonds 
or warrants shall be in addition to the tax of one dollar 
and eighty cents on each one hundred dollars valuation 
as provided in Section 45 hereof. 

(x) All laws requiring the registration of city bonds 


104 


CHARTER AND ORDINANCES. 


with the Comptroller of the State, and the approval of 
such bonds by the Attorney General of the State, and 
regulating and determining the effect of such registra- 
tion and approval, shall apply to street improvement dis- 
trict bonds and warrants issued under the provisions of 
this section. 

Sec. 80. The provisions of Section 77 and subsec- 
tions thereof, a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, and r 
and also section 79 and sub-sections thereof a, b, c, d, e, f, 
g, h, i, j, k, and 1 shall be construed together, and Section 
79 and sub-sections thereof from a to x inclusive, shall be 
construed independent of and not in connection with the 
first two sections and the sub-sections thereof, above 
mentioned in this Section. That is to say, if it should be 
held in a court of final jurisdiction that sections 77 and 78 
and their sub-sections should in any manner be in conflict 
with section 78 and its sub-sections, then, if the said court 
should further hold that the latter section being in con- 
flict with the first two, one or the other would have to be 
stricken out of the charter as being in conflict with the 
other section. And if it should be held by the court that 
on account of said conflict, the sections would be non- 
enforcible, then it shall be the duty of the court to strike 
out Sec. 79 and leave the other two sections in full force 
and effect. It being the intention of the Legislature to 
give full power and authority to the city council of Beau- 
mont to improve its streets in accordance with the pro- 
visions of sections 77 and 78 and sub-divisions thereof, 
and to give said city council the additional authority to 
improve its streets in the manner and form set out in 
said section 79 and the sub-sections thereof, and that 
each is an independent mode and manner of such im- 
provements, and that if only one of such methods can be 
adopted, then the method contained in sections 77 and 78 
and their sub-sections shall be the method upheld by the 
court and retained in the charter, in case of any conflict 
as above specified. 


CITY OF BEAUMONT. 


105 


Sec. 81. The city council shall have the authority, 
and it is hereby made its duty, to require by ordinance 
under proper penalties, that any street railroad using any 
of the streets of the city shall for one fare give a transfer 
from any of its lines to any other line in the city, whether 
such other line be owned by it or any other company. 
The city of Beaumont shall in addition to the penalties 
to be prescribed by ordinance for a failure to give trans- 
fers, have the right by mandamus or other remedy to 
enforce any ordinance requiring the giving of transfers. 
Fares to be charged by any street railway company in the 
city of Beaumont may be regulated and fixed by ordi- 
nance, and such companies may be required to give re- 
duced fares to children under twelve years of age, and 
one-half rates to all children within scholastic age, while 
going to and from school. 

Sec. 82. To acquire on behalf and for the use of the 
city by purchase, gift, devise or condemnation any pri- 
vate property or any interest therein, whether such prop- 
erty be situated within or without the limits of said city, 
which may be necessary or proper for the establishment 
and maintenance of an efficient system of sewers, or for 
the purpose of establishing a waterworks plant, and for 
other proper corporate purposes; provided, the city shall 
have the right to acquire on behalf and for use of the 
city property by purchase, gift, devise or condemna- 
tion, either within or outside of the city for the purpose 
of providing and establishing public parks. Said city 
is hereby given the right to lay, construct and maintain 
sewers and water mains in, under, across or along any 
public street, highway or public grounds within or with- 
out the corporate limits of said city. 

Sec. 83. If the city council shall fail, refuse or neg- 
lect to pass an ordinance for any one year, levying the 
taxes for that year, the ordinance last passed levying 
taxes shall be considered in force, and a failure to pass 


106 


CHARTER AND ORDINANCES. 


such ordinance shall in no-wise invalidate the collection 
of any taxes. 

Sec. 84. The city council shall have the right to 
prescribe by ordinance, in what portions of the city of 
Beaumont, saloons, grog shops or other places for retail- 
ing spirituous, vinous, malt or intoxicating liquors may 
be conducted, and to provide penalties for violation of 
such ordinances; provided the city council shall not have 
the light to prohibit such business in the whole city. 

Sec. 85. The city council shall have the right to pre- 
scribe by ordinance, in what portions of the city of Beau- 
mont spirituous, vinous, malt or intoxicating liquors may 
be sold at wholesale, and to provide penalties for viola- 
tions of such ordinances; provided, the city council shall 
not have the right to prohibit such business, in the whole 
city. 

Sec. 86. In every action for damages brought against 
the city of Beaumont for injuries received by any person 
or persons arising from defective sidewalks the city shall 
have the right to make the owner of the property abut- 
ting on such sidewalk a party to such action, and shall 
be entitled to recover against such owner in the same 
action, such damages and costs as may be awarded against 
the city therein, and this right shall exist irrespective 
of any effort on the part of the city to have such sidewalk 
repaired, or such defect removed by the - owner of the 
abutting property. 

Sec. 87. It shall be the duty of every person, firm 
or corporation occupying any part of any street, alley 
or other public ground in the city of Beaumont with any 
railroad, tram road or street railway or interurban rail- 
way, to lower or raise its track to the grade of such street, 
or alley so occupied; to drain its tracks, turnouts and 
switches, and to construct such drains and culverts 
through and under the same, from curb to curb, and to 


CITY OF BEAUMONT. 


107 


keep such tracks and switches, and the street and alley so 
occupied, in good repair and proper condition for traffic 
as may be directed from time to time by the city council. 

Sec. 88. Whenever the city council shall determine 
that such work or repairs are. necessary and proper, as 
provided in section 87, the mayor shall cause notice there- 
of to be served on such person or corporation, by serving 
any such person or local officer or agent, which notice 
shall state where the work or repairs are required to be 
done, and shall concisely describe the nature of the work 
or repairs so required. 

Sec. 89. Should such corporation or person fail or 
refuse to comply with such notice within twenty days 
from the service thereof, the mayor shall intsruct the 
board of public works, or the street and bridge commit- 
tee of the city council, to have such work done at the ex- 
pense of the city and on completion thereof the city shall 
have the right to recover in any court of competent juris- 
diction the cost of such work, repairs and materials used 
therein and thereon, together with six per cent interest 
from the date such work is completed and all costs of suit. 

Sec. 90. It shall be the duty of every person or cor- 
poration who may dig up, excavate or in any manner dis- 
turb any street or alley, to first obtain a permit to do 
such work from the city engineer, approved by the mayor, 
and to restore and replace the same in as good condition 
for traffic as when so disturbed. Provided, the city coun- 
cil may in its discretion restore and replace such street or 
alley so dug up, excavated or disturbed, and collect the 
cost therefor from such person or corporation; provided, 
further, that the city shall not be liable for any injury 
to any person or his property by reason of such digging 
up, excavating or disturbance of the street. 

Sec. 91. Should such person or corporation fail or 
refuse to restore such street or alley, after being notified 


108 


CHARTER AND ORDINANCES. 


so to do, such work may be done at the expense of the 
city under the direction of the street and bridge commit- 
tee, and the cost of such work, together with ten per cent 
penalty and all costs of suit may be recovered by the city 
against such person or corporation in any court of com- 
petent jurisdiction. 

Sec. 92. From time to time, whenever deemed neces- 
sary by the city council, the city council shall select and 
appoint an auditor who shall perform such duties, for 
such length of time and at such salary as the council, by 
resolution shall determine. The mayor shall nominate 
such auditor, and the city council shall confirm such 
nomination. The city council shall, by ordinance or res- 
olution, prescribe the duties of such auditor, and he shall 
take the oath provided by law. Provided, the city council 
shall order a complete audit of the books of the city at 
least once every year. 

Sec. 93. The fiscal year of the city of Beaumont 
shall begin on the first day of April of each year, and 
end on the thirty-first day of March, but this section shall 
not be construed as changing or affecting the provisions 
with reference to the levying, assessing and collecting of 
taxes. 

Sec. 94. That the salary and fees of office of all offi- 
cers of said city shall be determined by the city council 
at least one month previous to their election, which sala- 
ries and fees when so determined shall not be lowered, 
but may be raised, during the period for which such offi- 
cers were elected. 

Sec. 95. All provisions herein contained regulating 
the collecting of taxes, assessments or other claims due 
the city shall be deemed cumulative and the city may en- 
force payment of the same in any manner herein pro- 
vided or in any manner provided by general law. Pro- 
vided that section 79 shall be construed as an independent 


CITY OF BEAUMONT. 109 

section disconnected from other tax and assessment pro- 
visions herein. 

Sec. 96. That all lands within the limits of the city 
which have not been laid off into lots and blocks shall be 
assessed and taxed by the acre until the same shall have 
been laid off into lots and blocks, but the taxable valua- 
tion placed thereon shall be on the same basis as lots and 
blocks surrounding the same are taxed, and the owners 
of such land in laying off or platting the same into lots 
and blocks shall so plat the same that the streets therein 
shall correspond or conform as nearly as practicable with 
previously established streets of the city. 

Sec. 97. The city council shall have the power to 
determine, fix and regulate the charges, fares or rates 
of any person, firm or corporation, enjoying or that may 
hereafter enjoy a franchise or exercising any other pub- 
lic privilege in said city, to prescribe the class of service 
to be furnished by such person, firm or corporation, and 
the manner in which it shall be rendered, and from time 
to time, to alter or change such rules, regulations and 
compensation. The city council shall make rules and reg- 
ulations granting a fair hearing to persons, firms or corpo- 
rations to be affected by said regulations, and no change 
in regulations shall be adopted except after notice to the 
persons, firms or corporations affected, and after a fair 
hearing shall have been granted them; provided, that in 
adopting such regulations and in fixing or changing such 
compensation or determining the reasonableness thereof, 
no stocks or bonds authorized or issued by a corporation 
enjoying a franchise shall be considered, unless upon 
proof that the same have been actually issued by the cor- 
poration for money paid and used for the development 
of the corporate property, labor done, or property act- 
ually received, in accordance with whatever laws existing 
thereon and consittution of the State whenever applica- 
ble thereto ; and in order to ascertain all facts necessary 


110 


CHARTER AND ORDINANCES. 


for a proper understanding of what is or should be a 
reasonable rate or regulation, the city council shall have 
power to inspect all books of such person, firm or corpo- 
ration, and compel attendance of witnesses and prescribe 
penalties for a failure or refusal to attend or testify or 
produce books, provided that the city council shall not 
prescribe any rate of compensation which will yield less 
than (10 per cent) ten per centum per annum net, on 
the actual cost of the physical properties, equipments and 
betterments, after deducting all legitimate expenses and 
depreciations ; and provided further, when the city council 
shall have fixed the rates, charges or compensation, the 
same shall not be changed within any period of time less 
than one year. 

Sec. 98. The right of the city in and to its water 
front, ferries, wharf property, land under water, public 
landings, wharves, docks, streets, avenues, parks, bridges 
and all other public places are hereby declared to be in- 
alienable, except by a two-thirds vote of all members 
elected to the council, approved by the mayor, and no 
franchise or lease or right to use the same, either on, 
through, across, under or over and no other franchise 
granted by the city to any private corporation, associa- 
tion or individual shall be granted for a longer period 
than fifty years, and no such franchise shall ever be 
granted until it has been read in full at three regular 
meetings of the council. Such grant, and any contract 
in pursuance thereof, may provide that, upon the termi- 
nation of the grant, the plant as well as the property, if 
any, of the grantee, in the streets, avenues and other pub- 
lic places shall thereupon without further or other com- 
pensation to the grantee, or upon the payment of a fair 
valuation thereof, be and become the property of the 
city, but the grantee shall be entitled to no payment be- 
cause of any valuation derived from the franchise. Every 
grant shall specify the mode of determining any valuation 
therein provided for, and shall make adequate provisions 


CITY OF BEAUMONT. 


Ill 


by way of forfeiture of the grant or otherwise to secure 
efficiency of public service at reasonable rates, and the 
maintenance of the property in good order throughout 
the term of the grant and in strict accordance with the 
orders of the city council. Every grantee of a franchise 
from the city rendering a service to be paid for 
wholly or in part by users of such service shall keep 
books of account, and may be required to make stated 
annual reports in writing under oath to the city council, 
which shall contain an accurate statement, in summarized 
form, and also in detail, of all financial receipts from all 
sources, and all expenditures for all purposes, together 
with a full statement of all assets and debts as well as 
such other information as to the financial condition of 
such grantee as the city council may require. Such re- 
ports shall be public records, and the same or any part 
thereof may be printed, and the city council may inspect 
and examine, or cause to be inspected and examined, at 
all reasonable hours, any books of account of such gran- 
tee. Such reports shall be made in accordance with 
forms and methods prescribed by the city council, which 
so far as practicable, shall be uniform for all such 
grantees. 

Sec. 99. The mayor shall at the beginning of each 
fiscal year, submit to the council an annual budget of the 
current expenses of the city, itemized by departments, 
and may include such amount for contingent expenses as 
he may deeuq. necessary; provided, that the city council 
shall have the power to increase, diminish or omit any 
item in such budget. 

Sec. 100. The city of Beaumont shall have the right 
to issue bonds for the purpose of constructing or repair- 
ing public free school houses, public buildings for the use 
of the city, paving or repairing of streets and alleys and 
such other public purposes as the city council may deem 
expedient or necessary, or as elsewhere herein provided; 


112 


CHARTER AND ORDINANCES. 


such bonds to be issued subject to all constitutional, 
statutory and charter restrictions. 

Sec. 101. The city council shall have the power to 
create by ordinance the office of boiler inspector, and to 
invest such officer with power to inspect steam boilers, 
to prescribe the duties of such officer, define the scope 
of his authority and powers, and fix the amount and 
nature of his compensation. And said council shall have 
the power to fix a fee for inspecting each boiler, which 
shall be paid by the owner of the boiler so inspected. 

Sec. 102. The county attorney of Jefferson County, 
Texas, may, if he so desires, appear in the corporation 
court of the city of Beaumont and represent the State of 
Texas in prosecutions pending therein for violations of 
the penal code, but in all such cases, the said county at- 
torney shall not be entitled to receive any fee or other 
compensation whatever for said services, and in no case 
shall the said county attorney have the power to dismiss 
any prosecution pending in said court, except for reasons 
filed with and approved by the city recorder. 

Sec. 103. That the city council shall have power, 
subject to the restrictions herein contained, to adopt all 
ordinances and resolutions, which may be necessary and 
proper for carryihg into effect the powers specified 
herein. 

Sec. 104. That all ordinances and resolutions of the 
city of Beaumont, and rules and regulations of the city 
council and other departments of the city, which shall be 
in force when this Act takes effect, and which are not in 
conflict with the same, shall remain in full force and ef- 
fect until amended, altered or repealed by the city council. 

Sec. 105. That all members of the city council and 
other officers of the city shall continue in office until the 
first election after this charter takes effect, and their 


CITY OF BEAUMONT. 113 

successors are elected and qualified, as provided for in 
this charter. 

Sec. 106. That no money shall be paid out of the 
city treasury except by warrant, signed by the mayor and 
attested by the city secretary. 

Sec. 107. (1) Every ordinance passed by the city 

council shall be enrolled by the secretary or such other 
officer as may be selected by the city council within the 
next succeeding five days, Sundays excepted, or as soon 
thereafter as practicable. It shall then be carefully com- 
pared with the ordinance and all amendments, if any, 
by the city attorney and at least one member of the city 
council who may be charged with that duty by the city 
council. If errors exist they shall be corrected. If no 
errors exist, or if found, then, after their correction, the 
alderman and city attorney making the comparison shall 
endorse on the margin thereof the words “ correctly 
enrolled,’ 1 and give the date thereof, and subscribe his 
name thereto. Every ordinance imposing any penalty, 
fine, imprisonment or forfeiture for a violation of its 
provisions, shall, after the passage thereof, be published 
in every issue of the official newspaper for three days 
successively (excluding Sundays) and proof of such pub- 
lication by the printer or publisher of such newspaper, 
made before any officer authorized to administer oaths 
and filed with the secretary of the city council, or any 
other competent proof of such publication, shall in all 
courts be conclusive evidence of the legal publication and 
promulgation of such ordinances; provided, that amend- 
ments and corrections made in digesting and revision for 
publication in book form need not be so published. All 
ordinances, except as above provided, shall be published 
at least once in some newspaper in the city of Beaumont, 
and shall take effect as provided for in this charter. All 
ordinances of the city, when printed and published and 
bearing on the title page thereof “ Ordained and published 


114 


CHARTER AND ORDINANCES. 


by the city council of the city of Beaumont” or words of 
like import, shall be prima facie evidence of their authen- 
ticity and shall be admitted and received in all courts and 
places without further proof. 

(2) The style of all ordinances shall be: “Be it 
Ordained by the City Council of the City of Beaumont,” 
but such caption may be omitted when said ordinances 
are published in book form or are revised and digested 
under the order of the city council. 

(3) The city council shall have power to cause the 
ordinances of the city to be printed in code form, and 
shall have the same rearranged and digested as often 
as the city council may deem advisable. 

(4) In all judicial proceedings, it shall be sufficient 
to plead any ordinance by caption, or by the number of 
the sections thereof wanted, and it shall not be necessary 
to plead the entire ordinance or section. All printed or- 
dinance or codes of ordinances published by authority 
of the city council shall be admitted in evidence and shall 
have the same force and effect as would the original 
ordinance. 

(5) All ordinances of a general nature shall be pub- 
lished at least once in some newspaper in the city of 
Beaumont. 

(6) All ordinances, resolutions, rules and regula- 
tions now in force in the city of Beaumont, and not in 
conflict herewith, shall remain in force under this act 
until altered, amended or repealed by the city council, 
after this act shall take effect. 

(7) All ordinances of the city of Beaumont which 
may be invalid or defective, but which if passed under the 
provisions of this act would be valid, are hereby validated 
as if passed under the provisions of this act. 

Sec. 108. Whenever in the opinion of the city coun- 


CITY OF BEAUMONT. 


115 


cil, any buildings, fence, shed awning or structure of any 
kind or part thereof, is liable to fall down and injure per- 
sons or property, the city council may order the owner 
or agent of same, or occupant of the premises, to take 
down and remove the same within such time as it may 
direct and may punish by fine all persons failing so to do. 
The city council shall have the additional power to re- 
move the same at the expense of the city on account of 
the owner of the property and assess the expenses thereof, 
including condemnation proceedings, as a special tax 
against the land, and the same may be collected as other 
special taxes provided for in this charter, or by suit in any 
court of competent jurisdiction. 

Sec. 109. The city council shall have the power to 
prohibit the working of State convicts within the corpo- 
rate limits of the city. 

Sec. 110. No person shall be eligible to appointment 
or to be appointed or serve as a policeman, officer of 
police, or fireman of the city of Beaumont who shall have 
been convicted of any offense, the punishment for which 
may be confinement in the State Penitentiary; nor shall 
any person be appointed who is not shown to be of good 
character, or who can not read and write the English 
language or who does not possess ordinary physical 
strength and courage. 

Sec. 111. That the inhabitants of the City of Beau- 
mont are hereby exempted from working on public roads 
beyond the city limits. 

Sec. 112. That the city council may, by ordinance, 
require all able-bodied male persons between the ages of 
twenty-one and forty-five years, except those exempted 
by the general laws of the State, to work upon the streets 
of the city for not exceeding five days in each year, or 
to pay to the proper authorities the sum of one dollar 


116 


CHARTER AND ORDINANCES. 


|$1.00) for each day they are so summoned to work, and 
in case of failure to respond to the summons and so work 
or pay said sum, on conviction in the recorder’s court of 
the city, be fined in any sum not to exceed ten dollars 
($10.00). 

Sec. 113. That the ordinances, resolutions and by- 
laws of the city council may be proved prima facie by a 
book of printed ordinances of the city appearing to be 
printed by authority of the city, or by copies of ordinances 
certified by the city secretary to be true copies of such 
ordinances, or by the recorder thereof. 

Sec. 114. That the City of Beaumont may institute 
and prosecute suits without giving security for costs, 
and may appeal from judgments without giving superse- 
deas or cost bond. 

Sec. 115. The board of trustees of the public free 
schools of the city of Beaumont now acting under appoint- 
ment heretofore made shall continue in office until their 
successors are appointed and shall qualify; and the said 
board of trustees shall continue to manage and control 
the public free schools of the city of Beaumont in ac- 
cordance with the general laws applicable to the cities 
which have acquired exclusive control of the public free 
schools within their limits. 

Sec. 116. Nothing herein contained shall ever be 
considered to in any manner suspend, modify or abridge 
any penal laws of this State, but the penal laws of this 
State shall be in full force and effect, and in no manner 
repealed or suspended -by any provisions of this charter, 
but the council may enact any ordinance within the limi- 
tations herein prescribed not in conflict with the penal 
laws of this State. 

Sec. 117. That the jurisdiction and powers conferred 
on the city of Beaumont by this Charter shall supersede 


CITY OF BEAUMONT. 


117 


the authority of each and all other municipal corpora- 
tions heretofore existing over any part of the territory in- 
cluded within the boundaries of the city of Beaumont pre- 
scribed by this charter. 

Sec. 118. The . judges selected to hold any election 
in the city of Beaumont shall be selected and elected by 
the city council. 

Sec. 119. That this charter is declared a public Act 
and may be read in evidence in all courts of law and 
equity in this State without proof. 

Sec. 120. Whenever any power, authority or right is 
conferred herein upon the city of Beaumont or upon the 
city council, and provisions are incorporated herein for 
the exercise thereof in different ways, each of such pro- 
visions, except as herein otherwise provided, shall be 
held and construed to be cumulative of the other referring 
to the same subject, and in such cases the city council 
shall be empowered to use its own discretion with re- 
spect to which of such powers it shall exercise. 

Sec. 121. In the event any part, article, section or 
sub-division of this charter be held to be unconstitutional 
or invalid for any reason, such holding shall not be con- 
strued to invalidate or impair the remainder of the char- 
ter, but the same shall continue in full force and effect 
notwithstanding such holding. 

Sec. 122. That any official or other bond required 
or permitted under this charter may be made with any 
surety company or guaranty company authorized to do 
business in this State, acting as surety. 

Sec. 123. The city of Beaumont is hereby given full 
power and authority to adopt such measures to improve 
and preserve the purity of the water in the Neches River 
and Brake's Bayou as it may deem necessary; provided, 


118 


CHARTER AND ORDINANCES. 


that the power in this section shall not be construed to 
give said corporation any jurisdiction or control over 
said river and bayou beyond the corporate limits of said 
city, except for the purpose of protecting and improving 
its water supply, i. e., the water supply of both Neches 
River and Brake’s Bayou, and the smaller streams or 
tributaries; provided, further, that the said corporation 
shall have the right to condemn land, buildings and out- 
houses or closets, when it may deem the same necessary 
for the protection and preservation of the purity of the 
water in said river and bayou, and smaller streams and 
tributaries thereof, and shall have powers to control the 
same. The city of Beaumont shall also have power to 
require any persons or corporations owning or operating 
manufacturing enterprises within or without the city, 
which shall discharge refuse matter into the Neches 
River or Brake’s Bayou, or its tributaries, to make such 
other provisions for such refuse matter, or so purify the 
same as that the public health will be fully protected. 

Sec. 124. The city council shall have the power to 
establish and maintain sanitary closets for the service of 
the public and to obtain, by purchase or condemnation, 
property for such closets. 

Sec. 125. The city of Beaumont shall have power, 
subject to the terms and provisions hereof, by ordinance, 
to confer upon any person, firm or corporation, the fran- 
chise or right to use the property of the city for the pur- 
pose of furnishing to the public any general public ser- 
vice, including heat, light, power, telephone service, re- 
frigeration, steam or the carriage of passengers or freight 
within said city and its suburbs, over the streets, high- 
ways and property of said city, or for any other purpose 
whereby general service is to be furnished to the public 
for compensation or hire, to be paid to the franchise 
holder, whereby a right to, in part, appropriate the 
streets, highways or other property of the city is neces- 
sary or proper. 

Sec. 126. Within thirty days after the first day of 


CITY OF BEAUMONT. 


119 


May, 1910, and as soon thereafter as practicable, and bi- 
ennially thereafter, the mayor shall appoint three quali- 
fied voters of the city of Beaumont, subject to the con- 
firmation of the city council, who shall, with the mayor, 
constitute the park board of said city, and who shall 
serve for a period of two years and until their successors 
are appointed and qualified. Said park board shall have 
exclusive jurisdiction over the control, management and 
maintenance of the public parks of the city of Beaumont, 
under the direction of the city council; and when the 
parks are located outside of the city limits, shall have 
the power to appoint one or more policemen in connection 
with said parks whose duties and authority shall be pre- 
scribed by ordinance. 

Sec. 127. No lien of any kind can ever exist against 
the public school buildings, public halls, parks or public 
works of the city of Beaumont. 

Sec. 128. The city council shall have power to sum- 
mon and compel the attendance of witnesses whenever 
they consider it necessary to investigate any matter per- 
taining to the city or any of its officers, agents or em- 
ployees, or for any other purpose that they, in their judg- 
ment, may deem necessary; and shall have the power to 
punish for contempt before them with the same fine 
and penalties as the county judge may punish for con- 
tempt before the county court. , 

Sec. 129. No property of any kind, church, school or 
otherwise, in the city of Beaumont, shall be exempt from 
any of the special taxes and assessment authorized by this 
charter for local improvements. 

Sec. 130. All legal process against the city shall 
be served upon the mayor or acting mayor. 

Sec. 131. All questions arising in administering said 
city government and not provided for in this charter, shall 


120 


CHARTER AND ORDINANCES. 


be governed by the State law in such cases made and pro- 
vided. 

Sec. 132. No office provided for in this charter, not 
now already existing, shall be held to be created until the 
same is established by an ordinance of the city council of 
Beaumont. 

Sec. 133. The city council shall have the authority 
to make provision for the care and maintenance of po- 
licemen and firemen who have been disabled while in 
the active discharge of their duties in the service of the 
city. 


Sec. 134. The city council shall have the power to 
establish and maintain a reform school for girls and boys 
under seventeen years of age who may have been barred 
for cause by the Board of Public School Trustees from 
attending the regular public schools of the city of Beau- 
mont, or who may be convicted in the Corporation Court 
for repeated violations of the ordinances of the city, or 
who may become habitual loafers and idlers around and 
on the streets of the city. And shall have power to make 
necessary rules and regulations to govern said reform 
school by and through its Board of Public Free School 
Trustees; and to provide for the detention and instruc- 
tion of juvenile city convicts at said school in lieu of plac- 
ing them in the city jail. 

Sec. 134a. Any proposed ordinance may be submit- 
ted to the city council by a petition signed by qualified 
electors (at least one-fourth of whom shall be property 
tax payers in the city of Beaumont) of the city equal in 
number to the percentage hereinafter required. The sig- 
natures to the petition need not all be appended to one 
paper, but each signer shall add to his signature, his place 
of residence, giving the street and number thereof. One 
of the signers of each paper shall make oath before an 
officer competent to administer oaths, that the state- 


CITY OP BEAUMONT. 


121 


ments made therein are true, and that each signature to 
the paper is the genuine signature of the person whose 
name purports to be thereunto subscribed. Within ten 
days from the date of filing said petition, the City Sec- 
retary shall examine the same and ascertain whether or 
not said petition is signed by the requiiste number of 
qualified electors, and at least one-fourth of such signers 
are resident property tax-payers, and if necessary, the 
city council shall allow him extra help for that purpose, 
and he shall attach to said petition his certificate, showing 
the result of said examination. If by the Secretary’s 
certificate the petition is shown to be insufficient, it may 
be amended within ten days from date of said certificate. 
The Secretary shall, within ten days after such amend- 
ment, if any, make like examination of the amended pe- 
tition, and if his certificate shall show the same to be 
insufficient, it shall be returned to the person filing the 
same, without prejudice, however, to the filing of a new 
petition to the same effect. If the petition shall be found 
to be sufficient the Secretary shall submit the same to the 
city council without delay. If the petition accompanying 
the proposed ordinance be signed by the electors (at least 
one-fourth of whom shall be property tax-payers in the 
city of Beaumont) equal in number to twenty per cent 
of the entire votes cast for all candidates for mayor at the 
last preceding general election at which a mayor was 
elected, and contains a request that said ordinance be 
submitted forthwith to a vote of the people at a special 
election, the city council shall either, (a) pass said ordi- 
nance without alteration at the next regular meeting of 
the city council, or as soon thereafter as is provided for 
by other provisions in this charter (subject however, to 
the referendary vote under the provisions of this section). 
And, if the ordinance shall be passed by the city council 
but shall be vetoed by the mayor, and on reconsideration 
shall fail of passage by the city council, then, within five 
days after determination that said ordinance shall have 
failed of final adoption, the city council shall proceed to 


122 


CHARTER AND ORDINANCES. 


call a special election, at which the said ordinance with- 
out alteration, shall be submitted, to the vote of the peo- 
ple, or be forthwith, after the Secretary shall attach to 
the petition accompanying such ordinance his certificate 
of sufficiency, the city council shall proceed to call a spe- 
cial election, at which the said ordinance without altera- 
tion shall be submitted to the vote of the people. If the 
petition be signed by qualified electors equal in number 
to at leats eight per cent but less than twenty per cent 
(with the qualification first above set out) of the entire 
vote cast for all the candidates for mayor at the last 
preceding general election at which a mayor was elected, 
then such ordinance without alteration shall be submitted 
by the city council to the vote of the people at the next 
general municipal election that shall occur at any time 
after thirty days from the date of the Secretary ’s certifi- 
cate of sufficiency attached to the petition accompanying 
such ordinance. The ballots used when voting upon such 
ordinance shall contain the words 4 ‘For the ordinance ’ ’ 
(stating the nature of the proposed ordinance) and 
“Against the ordinance” (stating the nature of the pro- 
posed ordinance). If the majority of the qualified elec- 
tors voting on said proposed ordinance shall vote in favor 
thereof, such ordinance shall thereupon become a valid 
and binding ordinance of the city, and any ordinance 
proposed by petition and adopted by a vote of the people, 
cannot be repealed or amended except by the vote of the 
people. Any number of proposed ordinances may be 
voted upon at the same election in accordance with the 
provisions of this section of the charter, but not more than 
one special election shall be held in any period of six 
months from the date of the last election. The city coun- 
cil may submit a proposition for the repeal of any such 
ordinance, or for amendments thereto, to be voted upon 
by the qualified electors at any succeeding general city 
election, and should such proposition so submitted re- 
ceive a majority of the votes cast at such election such 
ordinance shall be repealed or amended accordingly. 

When ever any ordinance is required by this section 


CITY OF BEAUMONT. 


123 


to be submitted to the voters of the city at any election, 
the City Secretary shall cause the ordinance to be printed, 
and he shall enclose a printed copy thereof, in an envelope 
with a sample ballot and mail the same to each voter at 
least ten days prior to the election, but the city council, 
in lieu of mailing copy of such ordinance and sample 
ballot, may order said ordinance to be printed in the 
official newspaper of the city and published, and may 
order that such publication shall take place of printing 
and mailing of the ordinance and sample ballot as above 
provided. 

No ordinance passed by the city council, except when 
otherwise required by general laws of the State of Texas, 
or by provisions of this charter, except ordinances for 
the immediate preservation of the public peace, health or 
safety, which contains a statement of its urgency, and is 
passed by two-thirds vote of the city council, but no grant 
of any franchise shall be construed an emergency meas- 
ure, but all franchises shall go into effect thirty days from 
the time of its final passage and its approval by the 
mayor. And if during the said thirty days after an ordi- 
nance has been passed by the city council a petition is 
signed by qualified electors of the city, equal in number 
to twenty per cent of the entire vote cast for all candi- 
dates for mayor at the last preceding general election, at 
which a mayor was elected and which qualified electors, 
shall contain the qualifications hereinbefore prescribed, 
protesting against the passage of said ordinance, shall be 
presented to the city council, the same shall thereupon 
be suspended from going into operation, and it shall be 
the duty of the city council to reconsider such ordinance, 
and if the same is not entirely repealed by the city coun- 
cil, shall submit the ordinance as provided in this section 
of this charter, to the vote of the qualified electors of the 
city, either at the next general election or at a special 
municipal election to be called for that purpose, and such 
ordinance shall not go into effect or become operative 


124 


CHARTER AND ORDINANCES. 


unless a majority of the qualified electors voting on the 
same shall be in favor thereof. Said petition shall be in 
all respects in accordance with the provisions of this 
section. Provided, however, that this section of this char- 
ter shall not apply to any elections held under the pro- 
visions of this charter relating to the issuance of bonds 
for any purpose whatever where the issuance of bonds 
under this charter, or under the general laws of the 
State, is required to be submitted to property tax payers. 

Provided, further, that in the absence of the petition 
as hereinbefore described protesting against the passage 
of any ordinance, the city council may pass under this 
charter any ordinance the charter authorized it to pass, 
and 

Provided, further, that if for any reason a court of 
final jurisdiction should determine that there is any 
conflict between this section 134a and any other section 
or sections of this charter, and that said conflict is ir- 
reconcilable to such an extent that the whole charter 
would be invalid, then it shall be the duty of such court 
to strike out this section as being in conflict with and to 
leave the balance of the charter in full force and effect, 
and, 

Provided, further, that if qny court of competent 
final jurisdiction should determine that this section is 
violative of any provisions of the constitution and is 
therefore uninforcible and void, then it shall be the duty 
of the court to strike out this section and leave the balance 
of the charter in full force and effect. It being the inten- 
tion of the Legislature that this section 134a shall be con- 
strued independent of and disconnected from every other 
provision of the charter. 

Sec. 135. The Act entitled “An Act to incorporate 
the city of Beaumont and grant it a charter,” contained 
in the Special Laws of the Twenty- ninth Legislature, 
which became a law April 25, 1905, and all other acts rela- 


CITY OF BEAUMONT. 


125 


tive to the incorporation of the city pf Beaumont, and all 
amendments thereof, so far as the same may conflict with 
this Act shall be and the same are hereby repealed, but 
all property actions, rights of actions, claims and de- 
mands of every nature and kind whatsoever invested in 
the city, or existing or asserted against the city, under 
and by virtue of said laws hereby repealed, shall vest in 
and remain and inure to the said corporation and to the 
persons asserting such claims against it, under this Act 
as fully and completely in all respects as if the said laws 
had not been repealed. 

Sec. 136. Whereas, the lateness of the session ren- 
ders it improbable that this bill could be regularly 
reached on the calendar ; and whereas, the increased pop- 
ulation of the city of Beaumont and the urgent demand 
for public improvements which are now contemplated 
and which cannot be accomplished under the present pro- 
visions of the city charter of said city, creates an impera- 
tive public necessity and emergency, requiring the sus- 
pension of the constitutional rule which provides that all 
bills shall be read on three several days. Said rule is 
therefore suspended and this may be placed on its third 
reading and final passage; and this Act shall take effect 
and be in full force and effect from and after its passage, 
and it is so enacted. 

Vote in House — Yeas 99, Nays 0. 

Vote in Senate — Yeas 26, Nays 0. 

Approved March 24, 1909. 

Became a law March 24, 1909. 












* 


; 





INDEX TO CHARTER 


A. 

ACCEPTANCE OF PUBLIC WORK 

See Public Work; 

ACCOUNTS. 

Finance Committee to pass upon 


Sec. 


Of Tools, etc., by Street Commissioner.... 
Interest and sinking fund to be kept separ- 
ately 

Against City not to be paid ,if owing it 
Taxes 


ACT. 


Two-third vote to pass over veto, 


ACTIONS. 

Against 


City, Inhabitants, competent 


For Taxes, not to be maintained after four 

years 

Against City for damages from sidewalks 
City to render against owner 


Page 


IS 


21 

13 


21 

,14 


22 

14 


22 

14 


23 

15 


23 

15 


23 

15 


23 

21 


29 

21 


29 

45-3 


49 

73 


63 

13 


21 

13 


21 

13 


21 

18 


26 

35 


41 

35 


42 

68 


6l 

86 


106 

.35 


124 


% 


128 INDEX TO CHARTED AND ORDINANCES. 


V - V ’ ' 

ADJOINING TERRITORY. 

May be admitted to city, how 3 14 

To be described by metes and bounds 3 14 


Inhabitants to be on equal footing with city 3 14 

ADMINISTRATION OF OFFICERS. 

City may make ordinances, etc., for better- 
ment of 34 35 

AD VALOREM TAXES. 

Additional to District Improvements.... 45-6 50 

Irregularity in levy of. validated 64 60 

See also Taxation. 

ADJOURN. 

Council may from day to day. 12 19 

» 

ADVERTISE. 

Council to, for Bids for Public Works.... 38 44 

Contracts to be; for Public Works 38 44 

How often made 38 44 

Shall state what 38 44 

Council may provide for, of property for 

Taxes 53 54 

Secretary to, for street improvement bids. 77(e) 70 

To be published for ten days 77(e) 70 

Requisites of, for street improvement bids 77(e) 70 

For sealed bids for Improvement Districts 79 (k) 97 

Publication of Bids for Improvement Dis- 


tricts 79(k) - 97 

Requisites of Bids for Improvement Dis- 
tricts 79(k) 97 

ADVISER. 

Attorney shall be of Mayor 17 26 

Attorney shall be of City Council 17 26 

Attorney shall be of School Board 17 26 

Attorney shall be of Committees 17 26 

Attorney shall be of Officers and Em- 
ployees 17 26 


CITY OF BEAUMONT. 129 

AFFIDAVITS. ' Sec . P ™ 


Attorney or assistant may administer.. 

17 

25 

May inform attorney of violation, by 

17 

25 

Clerk and deputies may administer 

18 

27 

To petition contesting District Improve- 

- 


ments 

79(e) 

94 

Sufficiency of such affidavit 

•79(e) 

94 

AGENTS 


- 

May be provided for by ordinance 

27 

31 - 

Council may employ or discharge 

75 

63 

Council may fix compensation of 

75 

63 

City not liable for salary of after dis- 


- 

charged or place abolished 

75 

63 

Council may authorize to examine build- 

dings on account of fire or filth 

76 

64 

AID 



Fire Warden or Property Guard may com- 



pel 

76 

64 

ALDERMEN. 



To have been qualified voter for two years 

4 

15 

To have been a bonefide resident for six 

months of Ward 

4 

15 

Shall own real estate in City 

4 

15 


Upon removal from Ward, death, insan- 
ity, or other disqualification, office be- 


comes vacant 4 15 

Successor to be elected by Council, how.. 4 15 

Compensation of, fixed by Council 4 15 

Compensation not to exceed 4 15 


With Mayor to conduct business affairs 4 15 

With Mayor to be designated “Council” 4 14 


To be elected by qualified voters 4-7 14-16 

Shall hold office two years 4 14 

If appointed to serve until 4 14 

Two to be elected from each Ward 4 14 


To be elected from qualified voters 


4 


14 


130 INDEX TO CHARTER AND ORDINANCES. 

ALDERMEN. Sec. Page 


Council may provide for only one from each 


Ward 

4 


15 

Term of Office 

7 


16 

Oath of Office 

7 


16 

Bond of Office 

7 


16 

When elected 

7 

• 

16 

Three to constitute Board of Public Works 

Report of Board of Public Works may be 

11- 


18 

altered by a majority present 

11 


18 

To attend Meetings of Council 12 

T® be served with notice of special meet - 


19 

ings of council 

Council judge of qualification and election 

12 


19 

of 

To what extent may be punished by Co«n- 

12 


19 

cil 

12 


19 

Two-thirds of may remove officers 

12 


19 

For what cause may remove officers 

May subpoena and examine witnesses 

12 


19 

therefor 

12 


19 

On nomination of Mayor to fill vacancy 

Two-third vote of to remove Chief of Po- 

12 


19 

lice 

16 


24 

May approve appointments of Mayor.... 

27 


31 

Shall not be interested in w'ork of the city 

Shall not be surety for person having work 

39 


46 

on business with city • • 

39 


46 

Shall not be surety for officers 

ALLEYS 

39 


46 

General control of Council over 

Council may lower, raise remove en- 

29 


32 

croaehments from etc 

29 


32 

Council may regulate use of 

Council may demand compensation for use 

29 


32 

of, etc 

29 


32 

Council may provide civil penalty for... 

29 


32 

Council may condemn property for 

29-30 


32-33 


CITY OF BEAUMONT. 

ALLEYS . ' Sec. 

« 

Improvement of 77 

City may issue bonds for paving 1 or re- 
pairing 100 

Duties of Railroads in — See Streets. 

See also Improvement Districts. 

AMENDMENT. 

Of petition for or against ordinances. .. .131(a) 
Of ordinances by vote of people 134(a) 

AMUSEMENTS. 


131 

Page 

66 

111 


120 

120 


Council may license or regulate 76 64 

ANIMALS. 


City may prohibit certain, from running at 


large 

34 

39 

City may impound, sell or destroy 

34 

39 

City may impose penalty on owner 

34 

39 

City may prevent abuse of 

34 

41 

City may compel owner of, to fasten... 

APPEAL. 

Any person may, from Board of Equal i- 

34 

41 

zation 

When and where may, from Board of 

. . 51 

53 

Equalization 

51 


How such appeal made 

Council to hear and determine appeal 

51 

53 

from Board of Equalization 

Action of Council final on appeal from 

51 

53 

Board of Equalization • • . . 

Rules for prescribed by ordinance from 

51 

53 

Board of Equalization 

51 

53 

Of Street Improvement suits, when taken 

77 (j) 79(m) 

77-99 

Of Street Improvement suits, when barred 

Of Street Improvement suits, take preced- 

77 (j) 

77 

dence 

Of Street Improvement suits, motion to 

77 (j)79(m) 

77-99 

advance 

77(j)79(m) 

77-99 


APPOINTMENT OF OFFICERS. 

To be made by Council 8 17 

How made ; 8 17 

Who not to as Policemen or Firemen ....110 115 


132 INDEX TO CHARTER AND ORDINANCES 


APPOINTMENT OF OFFICERS. 


APPOINTIVE OFFICERS 

Secretary 


Engineer 


Deputy Assessor and Collector, 


Fire Commissioners 


Sec. 

Page 

12 

19 

3t 12 

19 

.. 12 

19 

. 12 

19 

. 12 

19 

, . 12 

19 

. 12 

19 

, . 12 

19 

. 8-14 

17-22 

22-24 

17-22 

. 8-21 

17-29 

. 8-22 

17-29 

. 8-26 

17-31 

. 8 

17 

, . 8-26 

17-30 


17 

, . 8-23 

17-30 

. 8 

17 

, . 9 

17 

, . 9 

17 

, . 11 

.18 

, . 13 

21 

. 16 

24 

, . 18 

27 

. 18 

27 

. . 18 

27 

. 20 

28 

, . 51 

51 

, . 76 

64 

.. 76 

64 


64 

. 92 

108 

101 

112 


119 


CITY OF BEAUMONT. 133 


APPRAISEMENT. 


Sec. 


Page 


Tax Rolls evidence of 69 

Of Offsets for Improvement Districts 70 (u) 

APPROPRIATION 

Of cost for Improvements- Districts 79 (n) 

APPROVAL. 

Taxes due upon, of Supplemental rolls. 66 
Of City Bonds or Warrants for Improvement 


District 79(x) 

ARCHIVES. 

Secretary Custodian of 14 

ARREST. 

Offenders to be, by Chief of Police 16 

Upon information or demand 16 

Police officer to file complaint against 

person 16 

When may be made without warrant... 19 

Who may make in such cases 19 

Of persons about to escape 19 


62 

103 

99 


60 


103 


22 


24 

24 

24 

27 

27 


27 


ASSESSOR AND COLLECTOR OF TAXES. 


To be elected by voters 



16 

Term of office 



16 

Oath of 



16 

Bond of 



16 

When elected 

7 


16 

Duties of 



28 

Shall collect taxes and licenses 

20 


28 

Shall pay same over daily 

20 


28 

Shall make duplicate receipts 

20 


28 

Shall make reports 

20 


28 

What such Reports shall show 

20 


28 

Shall be governed by rules and regulations 20 


28 

And by City Council 

20 


28 

Council may prescribe duties 

. .. 20-50 


28-51 

Salary of 

20 


28 

Salary to be fixed by Council 

20 


28 


134 INDEX TO CHARTER AND ORDINANCES. 


ASSESSOR AND COLLECTOR OF TAXES. Sec. Pag 

Map appoint deputies 20 28 

Deputies to be paid by 20 28 

Shall assess unrendered property 51 52 

« 

May be directed by Board of Equilization 

to render 51 52 

Reference to for information about Board 

4 

of Equilization v 51 52 

! ■ May seize and sell personality for Taxes, 

when and how 52 54 

May be empowered to sell property for 

taxes 53 54 

Taxes payable at office of • • 54 54 

Shall assess and levy upon property 

about to be removed 57 55 

Shall sell property about to be removed 

for taxes ..57 55 

Shall file Tax Statement on property in 

bankruptcy 58 56 

Shall make oath in tax suits, when 60 57 

Shall assess property escaping Taxation . . 66 60 

Shall make supplemental roll of property 

escaping taxation 66 60 

Shall collect delinquent taxes 66 60 

Supplmental roll may be made any time 66 60 

- f 

May make any number of suppemental 

rolls 66 60 

Shal list all unrendered property 67 61 

Shall place valuation on 67 61 

If owner unknown, shall so state 67 61 

Assessment sufficient for collection of 

Taxes 67 61 

Tax rolls of evidence of wha’t in suits .... 69 62 

Statement of evidence of what in suits ... 69 62 

Statement of how rebutted 69 62 

Shall make sales for sidewalk work 78 (k) 91 

! Shall report assessment for Improvement 

Districts 79(b-c) 93 

ASSESSMENT OF TAXES. 

Made by Assessor and Collector of Taxes. . 20 28 


CITY OF BEAUMONT 135 

ASSESSMENT OF TAXES. Sec. Page 

Officers to have no interest in the city 

work, paid by 39 46 

Railroad property to be assessed 55 55 

For previous years, in Railroad property.. 55 55 

Creates special lien on property 56 55 

Property liable to siezure and sale for .... 56 55 

On property about to be removed 57 55 

On property in hands of other persons . . 58 56 

On property creates superior lien ......... 58 56 

Prior validated 64 60 

Irregularities in — validated 64 60 

Of property escaping Taxation 6<i 60 

Of unrendered property, how T made 67 61 

For Street Improvements 77 66 

Errors in, amendable 77 66 

For sidewalks, see sidewalks 

All provisions cumulative except 93 108 

Section 79 independent 95 10S 

City may proceed under any provision ... 95 108 

On unplatted property 96 109 

How unplatted property assessed 56 109 

See also Taxation. 

ASSESSMENT ROLLS.. 

Council may prescribe manner and form 

of . 50 51 

Description of property in, may be supple- 
mental 62 59 

Prior, validated 04 60 

Irregularities in, validated 64 60 

See also Taxation. 

ASSIGNABLE. 

Bonds and Warrants of city are 79(g) 95 

ASSIGNABLE CERTIFICATES. 

See Certificates. 

ASSISTANT. 

City may employ for Attorney 17 25 

Of Attorney may administer oaths 17 25 

V 


136 INDEX TO CHARTER AND ORDINANCES. 

ATTENDANCE!. Sec. Page 

Of Aldermen may be compelled 12 19 

How compelled 12 19 

Of police officers upon Council 10 24 

Of police officers upon Recorder’s Court.. 16 24 

Of Attorney upon Council •• 17 25 

Of witnesses before Board of Equilization 

enforced 51 52 

Who may attend Reform Schools 134 120 

ATTORNEY. 

To be elected by voters 7 16 

Term of office 7 * 16 

When elected 7 16 

Oath of 7 16 

Bond of 7 v 16 

City Attorney duties of 17 25 

Salary of, fixed by Council 17 25 

Salary shall not exceed 17 25 

Salary may be increased 17 25 

Salary not diminished during term 17 25 

Old Attorney hold over, until 17 25 

Shall represent City 17 25 

Council may employ assistant for 17 25 

Council may fix pay of each assistant 17 25 

May administer oaths 17 25 

Shall approve ordinances, or 17 25 

Shall file objections to ordinances 17 25 

Shall draft all ordinances and franchises 17 25 

Shall pass upon all documents etc. ....... . 17 25 

Shall be legal adviser of Mayor, Council 

and School Board 17 25 

Shall advise committees 17 25 

Shall perform other duties required by 

Council 17 25 

Shall report breach of franchises, when.... 17 25 

Council shall direct, to sue to forfeit fran- 
chises 17 25 

Council may employ other attorney there- 


CITY OF BEAUMONT. 


137 


ATTORNEY. Sec. 

17 

Shall attend all Council meetings . . 17 

Shall receive no fees, except 17 


Fees of City Attorney — in Tax judgment 69 
Shall compare ordinances, how and when 107(1) 
Shall indorse ordinances when enrolled. .107(1) 

ATTORNEY'S FEES. 

To be included in Tax judgment 69 

ATTORNEY GENERAL. 

To approve city bonds and warrants .... 79 (x) 

AUCTIONEERS. 

Council may license and regulate 76 

AUDIENCE ROOMS. 

Council may regulate doors and stairways 


in 76 

Council may regulate exits in case of 

fire 76 

* 

AUDIT. 

Council shall have books audited each 
year 92 

AUDITOR. 

Council may appoint 92 

Council may prescribe duties of 92 

Council may prescribe salary of ... 92 

Mayor shall nominate 92 

AUTHENTIC. 


Ordinance bearing caption, on as evidence. 107(1) 

AUTHORITY. 

Granted city is cumulative 120 

Council may choose which shall exercise. . 120 

AUTOMOBILES. 

City may regulate drivers of 34 

Staying at depots, may be regulated 34 

City may regulate or prohibit use of 34* 


Page 

25 

25 

25 

62 

113 

113 

62 

103 

C4 


64 

64 


108 

108 

108 

103- 

108 

113 

117 

117 

36 

36 

36 

66 


AVENUE. 

Improvement of 


77 


138 INDEX TO CHARTER AND ORDINANCES 


AVENUE. Sec. 

Rights of city in, inalienable except 98 

How aliened 98 


See also Improvement Districts. 

AWNINGS. 

Council may condemn and remove, when. 108 

B 

BAIL. 

Chief of Police may take 16 

If no bail made, offender to be imprisoned 16 


BAKERS. 

City may regulate 34 

BAKERIES. 

Council may license and regulate 76 

BALLOTS. 

For voting on ordinances, form of 134(a) 

For voting on ordinances, mailed to voters 
when 134(a) 

BALLOT BOXES. 


To have distinct for each polling place. ... 6 


BALLS 

City may permit or forbid 34 

Powers of city over by ordinance 34 

BANK. 

Treasurer to keep funds in 15 

To be named by City Council 15 

BANKRUPTCY. 

Tax statement to be filed in 58 

Collecting taxes in Bankrupt estates 58 

BAWDY HOUSES. 

✓ » 


City may punish inmates and keepers of. . 34 


City may prohibit 84 

BEGGARS. 

City may restrain and punish 34-76 

BENEFITS. 


To property see Street Improvements, Sidewalks. 

BICYCLES. 

City may regulate or prohibit use of 34 


Page 

110 

110 

115 

24 

24 

39 

64 

120 

120 

16 

36 

36 

O O 
u o 

23 

56 

56 

41 

41 

41-64 


39 


CITY OF BEAUMONT. 139 

Sec. Page 

Shall not be accepted on public works, until 11 18 

Council may advertise for and receive.... 38 43 

Referred to Board of Public Works 38 43 

Referred to Board of Public Works— to 

Council 38 43 

Council to act on 38 43 

May reject any and all 38-7JUO 43-97 

May accept best 33-71) (k) 43-97 

Shall be addressed to Secretary 38 43 

Shall be opened in presence of Council.. 38 43 

Mayor to make at Tax Sales 63 59 

For street Improvement to be advertised for 77(e) 68 

For street Improvement shall be filed with 

Secretary, .' ; . . . 77(e) 68 

Council may accept or reject 77(e) 68 

Shall not be amended or changed 77(e) 68 

BILLIARD TABLES. 

Council may license and regulate 76 64 

BIRTHS. 

Register to be kept by whom 24 30 

Shall be reported to Council 24 30 

BOARD OF TRUSTEES. 

Of public schools validated 65 60 

Property of Schools confirmed in 65 CO 

Council to deliver Taxes to, for schools.... 65 60 

Management of schools confirmed in--.... 65 60 


See Public Schools, School Trustees. 

BOATS. 

Council may detain and examine for disease 33 34 

Persons on may be sent to Pest House or 


hospital 33 34 

BODY POLITIC. 

Inhabitants of Beaumont, a 1 12 

“The City of Beaumont.” 1 12 

BOILERS. 

May be inspected by Boiler Inspector 101 112 

Owner to pay for inspection of 101 112 


140 INDEX TO CHARTER AND ORDINANCES. 


BOARD OF PUBLIC WORKS. Sec. 


Who to constitute 11 

Mayor to appoint 11 

Council to confirm 11 

Shall be three members of council 11 

Term of office 11 

Recommendation of, not final 11 

% 

Recommendations of may be altered by 
council 11 


Shall examine and report condition of work 11 
No plans, specifications, bids, contracts of 
work accepted, until report of, acted on... 11 
May originate or suggest improvements... 11 
May prepare plans and specifications... 11 
Public improvement as much as $500.00 to 

be referred to 11 

Shall make report within fifteen days.... 11 
Shall make recommendation within fifteen 


days 11 

Shall .pass upon plans, specifications and 

bids for public works 11 

Duties of, as to public works 38 


Shall pass and report on public works.... 38 
Shall act with engineer on public works.. 38 

Conclusions of; final, unless 38 

(See also public works.) 


BOILER INSPECTOR. 

Council may create office of 101 

Compensation of fees of, fixed by council. .101 
Duties of, fixed by council 101 

BONDS. 

City may issue for gas, electric or water 


works 34 

In what amount issued 34 

Interest of 34 

Sale price of 34 


Proceedings and description of such bonds 34 


Page 

IS 

18 

18 

18 

18 

18 

18 

18 

18 

18 

18 

18 

18 


18 


18 

43 

43 

43 

43 


112 

112 

112 


38 

3S 

38 

38 

38. 






CITY OF BEAUMONT. 


BONDS. 


Sec. 

Only issued to cover contract, and etc..... 34 
To be in compliance with State constitution 
and laws 34 

City may issue for Market places 40 

Tax levy for interest and sinking- fund on 45-3 

Hate of interest on, for improvements 45-3 

City may issue for improvements 45-3 

May be sold at not less than par. . . . 45-3 
Interest and sinking fund of, kept sepa- 
rately 45-3 

Draft on sinking fund for redemption of. .. 45-3 
Draft on sinking fund to purchase other 


141 


Page 

38 


38 

47 

49 

49 

49 

49 


49 

49 


bonds 

45-3 

49 

Purchase of U. S., State, County or City 



Bonds 

45-3 

49 

Shall specify purpose of 

46 

50 

Interest on, to be provided for 

46 

50 

Sinking fund for redemption of 

46 

50 

Money from to be used how 

47 

50 

Drafts on Treasurer, only to pay interest 



on or redeem 

47 

50 

When redeemed 

48 

50 

Purchase of with sinking fund 

48 

50 

When bought, to be used for particular 




48 

50 




When purchased held for trust fund for.. 

48 

50 

When purchased to be used only for, what. 

48 

50 

City may fund or refund bonded indebted- 




49 

51 

City may issue new bonds and exchange 




49 

51 

City may issue bonds for general or scrip 




49 

51 

Terms and interest of general or scrip 




49 

57 

Funding and refunding bonds 

49 

51 

Of city for District Improvements 

79(0) 

100 


142 INDEX TO CHARTER AND ORDINANCES. 

BOILERS. Sec. Pas 

When accepted, city to make contract ... 77(f) 70 

Advertisement for, in Improvement Dis- 
tricts 79 (k) 97 

Shall be opened at council meeting 79(k) 97 

Shall be opened in presence of bidders ... 79(k) 97 

Council shall reject, when 79(k) 97 

Ten days allowed for petitions to reject . . . 79 (k) 97 

BOARDING HOUSES. 

Council may license and regulate 76 64 

BOARD OF EQUALIZATION. 

Of whom composed 51 51 

Members of, resident free holders 51 51 

Mayor shall appoint ! 51 51 

Council shall confirm 51 51 

When appointed 51 51 

Members of, shall talce oath of office.... 51 51 

Term of office of 51 51 

Compensation of fixed by council 51 51 

Powers and duties of 51 51 

Shall equalize taxable values 51 51 

f 

May raise or lower valuations 51 51 

May bring persons before it and examine, 

when • 51 51 

May enfore attendance of witnesses 51 51 

Members of, may administer oaths 51 51 

Members of may punish for refusal to 

answer 51 51 

Shall direct Assessor to assess unrendered 

property 51 51 

Shall give notice of changes in valuations, 

how » 51 51 

Shall give notice of additional assessment, 

how 51 51 

Notices of, to non-resident owners 51 51 

V • 

Notices of, to State what 51 51 

Record of changes to be left with assessor 51 51 

Session of, for complaints, etc 51 51 

Right of appeal from, to council 51 51 


CITY OF BEAUMONT. 


BONDS. 


Set 


Of city for District Improvements without 

election 79 (o) 

Of city for District Improvements, how 

used 79(o) 

Of city for District Improvements, Taxa- 
tion for 79(o) 

Of city for District Improvements, requis- 
ites of 79 (p) 

City may issue for building or repairing 

schools 100 

City may issue for public buildings 100 

City may issue for paving or repairing 

streets 100 

City may issue for other public purposes. . .100 

Subject to Charter, State Laws and Consti- 
tution 100 

Section 134a does not apply to issuance of. 134a 

BONDS OF OFFICERS. 


Of city engineer. 


Shall require Bonds of Officers handling 


Officers sail not be surety on, for officers. 

Of contracts for street improvements 

Sureties on for street improvement 

May be made with surety companies, when 122 

Bonds of city subject to 100 


143 

Page 

100 

100 

100 

101 

111 

111 

111 

111 

111 

120 


7 

16 

15 

23 

22 

29 

22 

29 

27 

31 

14 

22 

27 

31 

27 

31 

27 

31 

27 

31 

27 

31 

35-114 

42-116 

38 

43 

39 

46 

77(e) 

68 

77(e) 

68 


ii r 
in 






144 INDEX TO CHARTER AND ORDINANCES. 


BONE BOILERS. 


Sec. 

Page 

City may regulate location of 


34 

35 

Power of city over, by ordinance 


34 

35 

BOOKS. 




To be kept by secretary 


14 

22 

Secretary custodian of 


14 

22 

Journal of council proceedings 


14 

22 

Accounts to be kept in 


14 

22 

Of Treasurer, open to inspection 


15 

23 

Of Treasurer, to be well bound 


15 

23 

Of city to be audited each year 


92 

108 

Council may inspect, of uses of franchises. 

97 

109 

To be kept by grantees of Franchises. . . 


98 

110 

Of grantees of franchises, may be 

in- 



spected by city 


98 

110 

Of printed ordinances, etc., prima facie 



proof of when 


113 

116 

BOUNDARIES. 




Bounds and limits of city 


2 

12 

Council to establish, of wards 


4 

14 

Council may change, of wards 


4 

14 

Of Districts may overlap 


7 9 ( v ) 

103 

(See also Improvement Districts.) 




BOWLING ALLEYS. 




Council may license and regulate 


76 

64 

BOXING MATCHES. 




r-„ Council may prevent and punish 


76 

64 

BRAKE’S BAYOU. 




City may own, lease or construct Wharves 



on 


36 

V ■ *T- 

43 

City may improve for navigation 


36 

43 

City may issue Bonds for Improvement 



Of , , 


36 

4 3 

City may adopt measures for purity 

of 


water of 

. . .123 

117 


City may condemn land, etc., for purity 
of water of 123 117 


CITY OF BEAUMONT. 145 

BRAKE’S BAYOU. Sec. Page. 

City may control refuse matter, for purity 

of water of 123 117 

City has no'control out of limits, except. . .123 117 

BREACH. 

Of franchise, how dealt with 17 25 

BREAD. 

City may regulate price of 34 39 

BRICK YARDS. 

City may regulate location of 34 35 

Power of city over, by ordinance 34 35 

BRIDGES. 

Street commissioner to supervise work on. 21 29 

General control of council over 29 32 

Council may regulate, repair, etc......;... 29 32 

Tax levy for building and repair of..:... 45-1 48 

Rightsof city in, inalienable except 98 110 

How alienated 98 110 

BROKERS, 

Council may license, regulate or suppress. . 76 64 

BUDGET. 

Mayor shall submit annual, of expense, 

when 99 ’ 111 

Council may change or omit items in.... 99 111 

BUILDINGS. 

Polling places, may be in same 6 16 

Not to be erected without permit 32 34 

Permits for, by whom issued ^ 32 34 

City may regulate character of 34 41 

City may prevent building, repairing or 

removing wooden buildings, where 34 41 

City may require buildings fireproof 34 41 

City may prescribe fire limits 34 41 

City may condemn and remove old build- 
ings 34-108 41-115 

City may impose penalty for violating 

ordinances 34 41 


146 INDEX TO CHARTER AND ORDINANCES 


BUILDINGS. Sec. Page. 

City may destroy infected 34 41 

City to pay for if destroyed 34 41 

% 

For schools tax levy for 45-2 48 

Council may require scuttles and ladders 

for roofs 76 64 

Council may regulate numbering of 76 64 

May be examined by officers for fire 76 64 

Defects may be remedied 76 64 


BUILDING MATERIAL. 

Council may regulate inspection and 


measurements of 76 64 

BUSINESS. 

Of council to be disposed of 12 19 

Call for special meeting to state 12 19 

No officer to have interest in, of city. ..... 39 46 

No school Trustees to have interest in 

schools 39 46 

Interest of officer in renders void 39 46 

Officers shall not be surety for persons 

having with city 39 46 

City may tax * 71 63 

BUTCHERS. 

City piay regulate . . . . 34 38 

Powers of city over 34 38 

BY-LAWS. 

May be proved by printed book, when 113 116 

May be proved by certified copies 113 116 

C 

CAPTION. 

Ordinances plead by 35 42 

Ordinances bearing, or prima facie evi- 
dence 107(1) 113 

Of ordinances prescribed 107(2) 114 

Of ordinances when may be omitted 107(2) 114 

CATTLE. 

City may regulate or prohibit-driving of . . 34 39 


CITY OF BEAUMONT. 147 


CATTLE. 

Sec. 

Page 

City may prohibit running at large 

, 34 

39 

City may impound, sell or destroy 

. 34 

39 

City may impose penalty on owner 

. 34 

39 

CEMETERIES. 



City may regulate 

. 34 

37 

City may prohibit 

. 34 

37 

City may close or remove bodies 

. 34 

37 

CENSUS. 



Council may provide for, for city 

. 76 

64 

CERTIFICATES. 



Clerk and deputies may make 

. 18 

26 

Assignable in street improvements 

• 77(p) 

82 

Requisites of in street improvements 

. 77 (p) 

82 

Certificates of in street improvements as 


notice 

. 77 (r) 

83 

Requisites of, at notice 

. 77 (r) 

83 

Of notice shall be filed and recorded 

. 77(r) 

83 

Effect of re/ord of, as notice 

. 77 (r) 

83 

Council may provide for sidewalk work.. 

. 78(k) 

91 

4 

Requisites of for sidewalk work • 

. 78(k) 

91 

Prima facie evidence of 

. 78(k) 

91 

Council may prescribe form of 

. 78(k) 

91 

Of surety to petitions on ordinances.... 

• 134a 

120 

CESS POOLS. 



Council may order filling of . • • 

. 31 

34 

CHARCOAL. 



Council may regulate measure of 

. 76 

64 

CHARTER. 



Powers and duties of mayor to be con 



Bond of city subject to • • • 

.100 

111 

sistent with 

. 13 

21 

Construction of (see construe) 



Council may carry powers of, into effect. 

.103 

112 ' 

Ordinances not in conflict with, valid 

.104-107(6) 

112-114 

Officers of city continue until election this 



105 

112 


Invalid ordinances, validated if not in con- 


148 INDEX TO CHARTER AND ORDINANCES. 


CHARTER. Sec. Page. 

Requisites of, at notice 7 7(r) 83 

flict 107(7) 114 

Does not affect State Penal laws 116 116 

Supercedes prior corporations 117 116 

Is a Public act 119 117 

May be read in evidence without proof. . • -119 117 

Unconstitutional parts do not affect bal- 
ance of 121 117 

Construing parts of ......121 117 

Council may pass ordinances under, unless 

protested 134a 120 

Section 134a must not invalidate remaining. 134a 120 

Section 134a independent of remaining. .. .134a 120 

Repeal of old Charter 135 124 

Rights under old, rest under this 135 124 

CHIEF FIRE DEPARTMENT. 

Appointed by Council 8 17 

& 

When appointed 8 17 

How 8 17 

Term of office 8 17 

Duties prescribed by council 8 17 

CHIEF OF POLICE. 

To be elected by voters 7 16 

Term of office..... 7 16 

When elected 7 16 

Oath of 7 16 

Bond of 7 16 

Mayor to be ex-officio 13 21 

Duties in offense committed in presence of 16 24 

Duties on Information and belief 16 24 

May take bail for appearance 16 24 

Shall commit to jail if no bail given 16 24 

Salary of 16 24 

Salary not to exceed 16 24 

Pees of to belong to city 16 54 

Shall file complaint aga|hst offenders 16 24 

May appoint one deputy 16 24 


149 


CITY OF BEAUMONT. 

CHIEF OF POLICE. 

Deputy to be confirmed by council 

Responsible for aicts of deputy 

Deputy of, may be suspended by council... 
Deputy has all power and authority of.... 

Compensation of deputy, not to exceed 

Council may prescribe the duties of 

Duties must be consistent with State Laws. 
At all times under direction of mayor and 

council 

May be removed from office, how 

Shall not leave city without leave of ab- 
sence • • 


Shall attend council meetings 

16 

24 

Shall attend Recorder’s court 

16 

24 

Shall promptly execute process 

16 

24 

Shall quell riots, disorders and etc 

16 

24 

Shall arrest offenders, when 

.. 16 

24 

Leave of absence of, to state duration.... 

16 

24 

May suggest members of Police Force 

16 

24 

Shall have direct control, under mayor and 



ordinances of police force..* • 

16 

24 

Is a peace officer 

19 

28 

May summons citizens as peace officers... 

19 

28 

Deputy may summon citizens as peace of- 



ficers 

19 

28 

Deputy is peace officer 

19 

28 

May arrest without warrant, when 

19 

28 

CHURCHES. 



Not exempt from special taxation 

129 


CITATION. 



In Tax suits * * 

60 

57 

How served on non-residents and etc 

60 

67 

Form for, on non-residents, etc 

60 

57 

Publication of on non-residents and etc.... 

60 

57 

Requisites of for publication 

60 

57 

CITIZENS. 



Are peace officers, when 

19 

28 





Sec. 

Page. 

16 

24 

16 

24 

16 

24 

16 

24 

16 

24 

16 

24 

16 

24 

16 

24 

16 

24 

16 

24 


150 INDEX TO CHARTER AND ORDINANCES. 

CITIZENS. Sec. Page. 

Must act as peace officer, when 19 28 

May arrest without warrant.. v 19 28 

CITY BONDS. 

Purchase of from sinking fund 45-3 49 

Of what, sinking fund invested in 48 50 

CITY CLERK. 

See clerk 

Mayor may nominate 18 2G 

Council may confirm 18 26 

Salary of 18 26 

Duties of 18 26 

Council may require other employees to 

perform duties of 18 26 

May administer oaths 18 26 

To perform same duties as clerks 18 26 

CITY COUNCIL. 

To accept by ordinance, adjacent territory. 3 14 

To fill vacancy in office of aldermen, how. 4 14 

To fix compensation of aldermen 4 14 

To be composed of Mayor and Aldermen.. 4 14 

May divide city into wards 4 14 

May provide for only one alderman from 

each ward, where six or more wards... •. 4 14 

To require bond of officers 7 16 

May provide for election, etc., of other 

officers not named 7 16 

Appointment of officers by 8 16 

To fill vacancy in School Trustees 9 17 

To appoint school trustees 9 17 

May regulate elections 10 18 

May determine who are qualified voters at 

elections 10 18 

To confirm Board Public Works 11 18 

To pass on suggestions, recommendations, 

and etc., of Board of Public Works 11 18 

To pass finally on Public Works, contract, 

bids, etc 11 is 


INDEX TO CHARTER AND ORDINANCES. 


CITY COUNCIL. 


Sec. Page 


Shall be Judge of Qualification and election 


of mayor 12 19 

May punish for contempt 12 19 

Extent of punishment, by 12-128 19 

May remove officers, how 12 19 

Any three members may convene and com- 
pel attendance of members of 12 19 

May require Police to bring in absent 

members 12 19 

Shall adopt rules, and etc., of proceed- 
ings 12 19 

Notice to aldermen of special meeting 

to state purpose 12 19 

May adjourn from day to day 12 19 

May continue until disposes of business.. 12 19 

Quorum of 12 19 

No special meeting except for urgent ne- 
cessity 12 19 

Regular meetings, where 12 19 

When to meet 12 19 

Officer may be heard by himself in 

council and etc 12 19 

In removal proceedings, may sub-poena 

and examine witnesses 12 19 

Meetings to be open, except 12 19 

May close doors by majority vote, for con- 
sidering special question 12 19 

Vote of to be in open session 12 19 

Cannot fill vacancy in Mayor’s office 12 19 

Mayor pro-tem to preside at, in absence 

of Mayor 12 19 

To elect mayor pro-tem, when. 12 19 

To fill vacancies in election offices on nom- 
ination of Mayor 12 19 

When tie, Mayor to cast deciding vote.... 13 21 

Secretary to attend on •• 14 22 


Meetings to be attended by police officers. 16 24 


152 


CITY OF BEAUMONT. 


CITY COUNCIL. Sec. Page. 

May suspend Deputy Chief of police 16 24 

To fix compensation of such deputy 16 24 

Chief of Police under direction of 16 24 

May suspend Chief of Police, how 16 24 

May permit Chief of Police to leave city. . . 16 24 

To fix salary of attorney •• 17 25 

May employ assistance for attorney 17 25 

Shall fix compensation of such assistant.. 17 25 

Attorney shall approve or file objections to 

ordinances, for, when 17 25 

May call upon attorney, for same 17 25 

May direct attorney to draft ordinances-.. 17 25 

Attorney legal adviser of 17 25 

May direct other duties of attorney 17 25 

Attorney to report breach of franchises... 17 25 

To direct suit for forfeiture of franchise, 

when 17 25 

May employ additional counsel, when 17 25 

Attorney to attend meetings of 17 25 

May excuse attorney -• 17 25 

To confirm appointment of “Judge of Cor- 
poration Court” 18 26 

May remove Judge from office 18 26 

To fix salary of Judge •• 18 26 

May adopt ordinances appointing clerk and 

deputies 18 26 

Shall fix salary of clerk and deputies 18 26 

May summon citizens as peace officers 19 27 

Taxes levied by, to the assessed, and col- 
lected by Assessor and Collector 20 28 

May prescribe rules and regulations for 

Assessor and Collector 20 28 

Assessor and Collector to report to 20 28 

To name bond of engineer 22 29 

May require duties of engineer.. 22 29 

May prescribe salary of engineer 22 29 

May dispense with street commissioner and 




INDEX TO CHARTER AND ORDINANCES. 153 

i 

CITY COUNCIL. Sec. Page. 

require duties of engineer 22 29 

May provide fees of sewer Inspector 23 30 

To act with Mayor and Health Officer in 

charge of sanitation 24 30 

Birth and deaths to be reported to 24 30 

May prescribe duties and pay of Health 

'Officer 24 30 

To confer powers upon scavenger 25 30 

May provide for scavenger’s fees in ad- 
vance • 25 30 

May fix fees and duties of scavenger 25 30 

Powers and control over fire chief 26 31 

Reports of Fire Chief to 26 31 

May require duties of officers •• 27 31 

May provide additional officers, how 27 31 

May provide compensation of such officers 27 31 

May require bond of officers 27 31 

Shall require bond of Treasurer and Col- 
lector • 27 31 

General 'powers of, over streets 29 32 

May require construction and repair of 

bridges and etc 29 32 

^ May require construction and repair of 

sidewalks 29 32 

May provide civil penalty for obstructions 23 32 

May condemn property • • 30 33 

For what purpose may condemn 30 33 

Proceedings of, in condemnation 30 33 

May order filling and drain of property, 

when • • 31 34 

May order sinks and closets connected with 

sewer 31 34 

May order removal of privies and filling 

cesspools 31 34 

May order cutting of weeds 31 34 

May control sanitary work and order same 31 34 

No such w 7 ork charged against city 31 34 


154 


CITY OF BEAUMONT. 


CITY COUNCIL. Sec. Page. 

May take measures to prevent entrance of 

disease • 33 34 

May examine persons for disease, when. 33 34 

May establish and maintain pest houses... 33 34 

May establish and maintain hospitals 33 34 

May send certain persons to pest house or 

hospital 33 34 

May remove or destroy furniture, etc., if 

infected . • • „ 33 34 

May prevent persons from infected places 

coming 33 34 

May adopt sanitary and health measures.. 33 34 

Cannot prevent running of trains 33 34 

May regulate speed of train • • 33 34 

Powers of by ordinance 34 35 

May regulate wharfage charge 37 43 

Controlover public works 38 43 

Members of shall have no interest in work 

or business with city..... 39 46 

Members of shall not be surety for persons 

having business or work with city 39 46 

Members of shall not be surety for officers 39 46 

May establish and control Market places.. 40 , 47 

Mayor to vote, in case of tie in 43 48 

Has care and control of city and its prop- 
erty 44 ' 48 

May enact and ordain ordinances 44 48 

May levy and collect tax of $1.80 for all 

purposes 45 48 

Shall levy such tax at first meeting in May 45 48 

May determine how to invest sinking fund. 48 50 

May refund or refund bonded indebtedness, 

when .49 51 

May fund or refund general or scrip in- 
debtedness ■ 49 51 

May issue bonds for general or scrip in- 
debtedness 49 51 


/ 


INDEX TO CHARTER AND ORDINANCES. 155 


CITY COUNCIL. 

How may regulate taxation..... ♦ 

Appointment and control over Board of 

Equalization 

May provide for seizure and sale of per- 
sonal property for taxes, interest, etc., 

without suit 

May provide for advertisement and sale, 

for taxes 

Shall continue to levy and collect school 

taxes 

Shall deliver tax to Board 

Supplemental tax rolls to be submitted to. 

• • 

Tax levies of, validated 


Powers of over street improvements 

Procedure for street improvements 

May cause sidewalks constructed and re- 
paired 

Rights of, over sidewalks, in addition to 

charter • • 

Bids and contracts for street improvements 
Objections and hearing in street improve- 
ments 

Shall levy special tax upon R. R. Co. prop- 
erty for street improvements 


How Improvement Districts created by 

Requisites of ordinances of, for Improve- 

ment Districts 

Powers of over Improvement Districts 


Sec. 

Page. 

50 

61 

51 

51 

52 

54 

53 

54 

65 

60 

65 

60 

66 

60 

68 

61 

71 

63 

73 

63 

75 

63 

34-76 

35-64 

77 

66 

77 

66 

77(c) 

67 

77(c) 

67 

77 

66 

77 

66 

77(d) 

67 

78 

84 

78 

84 

78 

84 

79 

92 

79 

92 

. 79(b) 

93 

79 

92 

79 

92 


CITY OF BEAUMONT. 


156 


COUNCIL. 

Sec. 

Page. 

Powers of in 79 additional and 78 

80 

104 

Powers of over street railways. 

81 

105 

May regulate transfers and fare of street 



Rys 

81 

105 

May acquire property for public use, how. 

82 

105 

May acquire property in and out of city. .. 

82 

105 

For what purpose may acquire property... 

82 

105 

Failure to levy tax, continues old rate 

83 

105 

May prescribe wholesale and retail saloon 



district 

84-85 

106 

Cannot prohibit saloons in whole city 

84-85 

106 


May direct manner of use of streets by 

railroads • • 81 

Notice of Mayor to railroads S7 

May repair streets at cost of party disturb- 
ing 90 

May appoint auditor and prescribe duties 92 
Shall order audit of all books each year. . . 92 
When shall determine salaries and fees of 

officers 94 

Shall not lower salaries and fees during 

term 94 

May raise salaries and fees during term. .. 94 
May regulate fees, charges and services of 

users of public privileges 97 

Procedure in reference to users of public 

privileges 97 

In making regulations, shall consider n.j 

bond or stocks i>7 

May inspect books of users of public privi • 

leges 97 

May examine witnesses in such regulations 97 

Shall allow 10 per cent yield to users of 
public privileges; change in rate not to be 

made within a year... 97 

Mayor to submit city expense account to.. 99 

May change or omit items submitted by 


106 

106 

107 

108 

108 

108 

108 

108 

109 

109 

109 

109 

109 


109 

111 


INDEX TO CHARTER AND ORDINANCES. 

CITY COUNCIL. 


157 


May prescribe duties and salary of boiler 


Ordinances of, not in conflict, are valid 


Ordinances of valid under charter, vali- 


May condemn and order removal of build- 


May tax land for removing and condemn' 

ing building 

May prohibit State convicts working in city 
May require inhabitant to work streets, 

when 

May allow to pay instead of work streets, 


Sec. 

Page. 

99 

Ill 

101 

112 

101 

112 

103 

112 

104-107(6) 

112-114 

105 

112 

107(1) 

113 

107(1) 

113 

107(1) 

113 

107(1) 

113 

107(2) 

114 

107(2) 

114 

107(3) 

114 

107(4) 

114 

107(4) 

114 

L 

107(6) 

114 

107(7) 

114 

.108 

? 

115 

108 

115 

108 

115 

109 

115 

t 

112 

115 

> 

112 

115 

112 

115 

i 

116 

116 

118 

117 


158 


CITY OF BEAUMONT. 


CITY COUNCIL. 


May care for disabled policemen and fire- 
men, when 

May maintain reform schools 

May provide detention of juvenile con- 
victs at such schools •• 

Powers and duties of, under Initiative and 

Referendum 

CITY OF BEAUMONT. 

Inhabitants, competent judges, witnesses 
or jurors in anction for or against...... 

Not required to give cost bonds in actions 
May own, lease and construct wharves 

where 

May levy contributions on vessels slij 1 

cargoes to defray such expense 

May issue bonds for such wharves...... 

Council has care, management and control 

of 

May intervene to assert tax lien 

May bring suit to assert tax lien 

May recover personal judgment for taxes, 

when 

May file suit for taxes 

May foreclose lien on, and sell real estate 
for taxes 


Oficers of, not to purchase under tax 
sales 


Sec. 

! 

Page. 

>> 

.120 

117 

.120 

117' 

.124 

111 

.126 

119 

.126 

119 

.128 

t 

119 

132 

120 

133 

120 

134 

120 

.134a 

120 

.134a 

120 

35 

42 

35 

42 

36 

43 

36 

43 

36 

43 

44 

48 

58 

56 

58 

66 

58 

66 

59 

56 

59 

56 

63 

59 

63 

59 


CITY OF BEAUMONT. 159 

OF BEAUMONT. Sec. Page. 

Mayor of, to attend tax sales 63 59 

Shall not pay persons, and etc. owing 

taxes •• 73 63 

May compromise back tax claims 73 63 

Not liable for damages unless notified.... 74 63 

Not liable to officers and agents when... 75 63 

May do work on drains, sinks, privies, when 76 64 

Has lien on property for work on 76 64 

May pay part of street improvements.. 77(d) 67 

Shall be defendent in contest of street 
Improvements 77(j) 77 

May pay for street improvements, when.. 77(o) 80 

Shall be paid for sereet Improvements, how 77(o) 80 

May require for street Improvements, 

when, how 77 (o) 80 

Portion of street Improvements paid by.. 77(n) 80 

Powers of Sidewalks and Improvements.. 78 84 

Shall enforce Street Railways to give 

transfers 81 105 

May regulate fares over street railways.. 81 105 

May acquire property for public use, how 82 105 

Ma acquire property for or out of city .82 105 

May acquire property for sewer system- •. 82 105 

May acquire property for waterworks sys- 
tem 82 105 

May lay mains, pipes and etc., in or out of 

city •• 82 105 

May maintain parks, in or out of city... 82 105 

Recourse against ow r ner in damage suit — 

for defective sidewalks 86 106 

May do street work for railroad, when 89 107 

May recover from railroad for street work 89-91 107 

Shall not be liable for injuries from exca- 
vations and etc 90 107 

Fiscal year of • 93 108 

Rights of public places, water fronts, etc., 
inelienable — except by two-third vote of 




160 INDEX TO CHARTER AND ORDINANCES 


CITY OK BEAUMONT. Sec. 

Council approved by the Mayor . 98 

No public franchise to last over fifty 
years 98 


Franchises in, read three times in Council 98 
May become owner of property upon ter- 


mination of franchise • 98 

May require reports from grantees of 

franchise 98 

May include forfeiture in franchises 9S 

Mayor’s annual expense, Budget of 99 

May issue school house building or repair 

bonds 100 

May issue public building bonds 100 


May issue street paving or repair bonds. ..100 

May issue bonds for public purposes ....100 

Working of State convicts in, may be pro- 
hibited 109 

Inhabitants of exempted for road duty be- 
yond Ill 

Inhabitants of may be required to work 

streets 112 

Inhabitants of fined for not working streets 

or paying 112 

May sue or appeal without cost or super- 


sedeas 114 

Prior Incorporation superseded by charter. 117 
Powers and authorities to, are cumulative. 120 

May use discretion in exercising 120 

May preserve purity of water in Neches 

River and Brake’s Bayou, how 123 

Has no control over river or beyond city 

except •• 123 

May condemn land, etc. for purifying wa. 

ter 123 

May control refuse matter in or out of 


city, when 123 

May confer franchises for public services, 
when . i< 


Pag 

110 

110 

110 

110 

110 

110 

111 

111 

111 

111 

111 

115 

115 

115 

115 

116 
116 
117 
117 

117 

117 

117 

117 

118 


CITY OF BEAUMONT. 

CITY OF BEAUMONT. • . Sec. 

For what purpose may grant franchises. 125 

Process against, served on Mayor 130 

State Laws govern when not provided 

herein 131 

Right to petition and vote on ordinances. 134(a) 
Claims for or against under old laws 
effective •• 135 

Old incorporation, laws and charter re- 


161 


Page. 

118 

119 


119 

120 

124 


pealed 

. . .135 

124 

CLAIMS. 



Under old laws remain effective 

. . .135 

124 

CLERK. 



Of corporation court 


26 

Duties of 

. . . 18 

26 

Deputies . • • 


26 

Council may allow deputies by ordinance 18 

26 

Shall be appointed by Mayor 

. . . 18 

26 

Shall be confirmed by Council 

...18 

26 

Salary of, fixed by Council 

. . . 18 

26 

May administer oaths, and etc 


26 

May make certificates 

...18 

26 

May affix seal • 


26 

To perform usual acts of clerks .... 

18 

26 

To issue process 


26 

General powers 

. . . 18 

26 

Council may require other duties of . . . 

. . . 18 

26 

Council may require other employees 

to 


perform duties of without extra pay . • . 


26 

CLOSETS. 



Duties of scavenger relates to 


30 

COCK FIGHTS. 



Council may prevent and punish 

...76 

64 

CODE. 



Of ordinances, need not be published. 

. . .107(1) 

113 

Of ordinahce omission of caption in.. 

. .107(2) 

114 

Council may have ordinances codified. 

. . .107(3) 

114 

Of ordinance admissable in evidence... 

35-107(4) 

42 


162 INDEX TO CHARTER AND ORDINANCES 


COLLECTION OF TAXES. ' Sec. 

Made by Assessor and Collector of Taxes. . 20 

City may, certain taxes 45 

Council may provide for by ordinance. ... 53 

How made • 54 

When made 54 

Siezure and sale of property, for 54 

To be collected on railroad property.. •• 55 
For previous years on railroad property.. 55 

On property about to be removed 57 

On property in hands of third persons... 58 

Superior lien on property for 58 

Following converted security 58 

Suits for • • 59 

Character of judgment for 69 

Right of redemption in 69 

On property escaping taxation 66 

Property escaping may be seized and sold 66 

On unrendered property 67 

Assessment sufficient warrant for 67 

Unrendered property seized and sold for.. 67 

May be by seizure, sale or suit 68 

Irregularities in prior levies validated.. 68 
If not made in four years taxes barred.... 68 
In suits for, tax rolls evidence of what.. 69 

In suits for, tax rolls rebutted, how 69 

In suits for, character of judgment 69-3 

In suits for, may show illegal taxes 69 

City may provide for, onoccupations 71 

• I 

City may provede when to be paid .... 72 
City not to pay persons, and etc., owing 

taxes 73 

Council may compromise back tax claims. 73 

Failure to levy tax does not effect 83 

All provisions cumulative, except 95 

Section 79 — independent 95. 

City may proceed under any provision.... 95 
For condemning and removing dangerous 
buildings 108 


Page. 

28 

48 

54 

54 

54 

54 

55 
55 

55 

56 
56 
66 
66 
56 
56 
56 
60 
61 
61 
61 
61 
61 
61 
62 
62 
62 
62 
63 
63 

63 

63 

105 

108 

108 

108 

115 


CITY OF BEAUMONT. 


COMMITTEES. 

c 


Sec. 

Pa 

Finance to pass upon accounts 

i 

13 

21 

Mayor to be ex-officio chairman of. . . 


13 

21 

Attorney, legal advisor of 


17 

25 

Street Commissioners may suggest 

to 



Street and Bridge 


21 

29 

Sewer Committee may require duties 

of 



Sewer Inspector 


23 

30 

Fire, with Mayor and Council to control 



Fire Chief 


25 

31 

COMPLAINTS. 




Chief of Police or policemen to file... 


16 

24 

In Recorder’s Court 


15 

24 

Against all offenders 


16 

24 

Of breach of franchises, detrmined 

by 



Council 


17 

25 

Of action of Board of Equilization made 


when 


.. 51 

51 

Appeal from Board of Equilization 


51 

51 

COMPROMISE. 




Council may, for back taxes 


73 

63 

CONDEMNATION. 




Council may condemn property 


.30 

33 

For what purpose condemned 


30 

33 

Proceedings for 


30 

33 

State Laws govern in 


30 

33 

No, without pay or deposit 


30 

33 

City may acqpire property by 


82 

105 

Council may condemn buildings, etc... 

. . .108 

115 

Council may levy special tax for 

. . .108 

115 

Owner of building or property liable for 

. . .108 

115 

Recovery of expense against owner... 

. . .108 

115 

City may condemn land, etc., for purity of 



water 

. . .123 

117 

City may condemn property for sanitary 



closets 


124 

118 

CONFLICT 




In Sections 77, 78 and 79, how construed.. 

80 

104 


■ 

* > ' ' I 

/ - 

164 INDEX TO CHARTER AND ORDINANCES 

CONFLICT. Sec. Page. 

Ordinances, etc. not in with Charter, are 

valid 104-107(6) 112-114 

Of Section 134(a) how determined 134(a) 120 


All laws in conflict with Charter, repealed. 135 124 

CONSTITUTION. 

Ordinances to conform to 44 48 

And State Laws to govern city tax suits 59 56 

And State Lews to govern redemption of 


land 59 56 

Bonds of city subject to 100 111 

CONSTRUE. 

Of sections 77, 78 and 79 80 104 

Of sections 77 and 79 together 80 104 

79 independent of 77 and 78 80 104 

If either invalid, 79 must fail 80 104 

Section 79 independent of other 95 108 

Powers upon same subject to be cumula- 
tive 120 117 

Unconstitutional parts does not effect 

others of Charter 121 117 

i 

Section 134 (a) if in conflict, must not in- 
validate Charter 134(a) 120 

Section 134(a) if unconstitutional, must not 

invalidate Charter ...134(a) 120 

Section 134(a) independent of other provi- 
sions 134(a) 120 

CONTAGIOUS DISEASES. 


Council may take measures to prevent en- 
trance of 33 34 

Council may prevent entrance of persons 

infected with 33 34 

Council may examine persons, trains, 

boats, etc 33 34 

Property infected with may be removed or 

destroyed 33 34 

CONTEMPT. 

Council may punish, to what extent 128 119 


CITY OF BEAUMONT. 


165 


CONTEST. 

Sec. 

Page. 

Of street Improvements, when 

77 (j) 

75 

Of street Improvements, barred, when.... 

77(j) 

75 

Of street Improvements, parties to 

77 (j) 

75 

Of street Improvements when appealed. . . . 

77 (j) 

75 

Of street Improvements, take precedence.. 

77(3) 

75 

Of street Improvements, motion to advance 

77 (j) 

75 

Of street Improvements, when dismissed.. 

77(3) 

75 

Of sidewalk work or assessments 

78(e) 

86 


See Sidewalks. 

Of District Improvements 

See Improvement District; Suits. 


CONTRACT. 

City may or not be connected with 1 12 

Shal not be awarded on public works until 11 18 

Mayor shall sign 13 21 

Shall be inspected by attorney 17 25 

Street Commissioner has no power to, 

except 21 29 

For public works let when 38 43 

How warded 38 43 

Bond and security under 38 43 

Council may award under best bid 38 43 

Shall not be made until 38 43 

Separate for extra work 38 43 

Awards, when 38 43 

No officer to be interested in, of city . . 39 46 

No school Trustees to be interested in, of 

of schools 39 46 

Interest of officers in, renders void 39 46 

Officers shall not be surety for persons 

Having with city •. 39 46 

Of city for street Improvements 77(f) 70 

How executed 77(f) 70 

Shall be approved by Council 77(f) 70 

For District Improvements, how awarded 79 (k) 97 

May be made for different improvements 79 (v) 103 

For paving or repairing, provision of 79 (r) 102 

For paving or repairing, bond for 79 (r) 102 

Suits on by city alone 79 (r) 102 








V 


166 INDEX TO CHARTER AND ORDINANCES 


CONTRACTOR Sec. Page. 

Party to contest of street Improvements 77 (j ) 77 

May omit improvements of abutting ex- 
empt property 77 (k) 78 

May contract for improvements of abut- 
ting exempt property 77(k) 78 

Must make Improvements of abutting ex- 
empt property, when 77(k) 78 

Shall look to owner for improvements of 

abutting exempt property 77(k) 78 

For street improvements to give bond .... 77(e) 68 

Character of bond of •• 77(e) 68 

To keep work in repair for five years 77(e) 68 

City to select on bids 77(e) 68 

When bid accepted, city to contract with 77(f) 70 

* 

Council may require to look to owner for 

pay 77 (p) 82 

Council may authorize certificate for 77(p) 82 

Suits against paving contractor 79 (r) 83 

Bond of paving contractor ’ 79 (r) 83 

Contract of paving contractor 79 (r) 83 

CONTRIBUTIONS. 

City may levy on vessels or cargoes.... 36 43 

CONVICTS. 

Of State may be prohibited working in 


city 109 115 

Juveniles may be placed in reform schools. 134 120 

COPIES. 

Of ordinances, etc., prima facie proof when. 113 116 

CORPORATIONS. 

Council may require compensation for use 


of sereets, etc 29 32 

Council may regulate use of streets by.... 2 > 32 

Council may punish by fine for abuse of 

streets 29 32 

City shall not pay, if owing taxes 73 63 

Using public privileges, how regulated ... 97 109 

Of city superseded by this charter 117 116 


CITY OF BEAUMONT. 


CORPORATION COURT. Sec. 

Creation of 18 

Abolishes municipal courts 18 

Powers and duties of 18 

State Laws governing 18 

Is a State Court 18 

For city 18 

Jurisdiction and organization of 18 

Magistrate or judge of 18 

Clerk of 18 

Clerk may affix sea4 of 18 

County Attorney may prosecute in, when. 102 

County Attorney receives no fees in 102 

County Attorney cannot dismiss case in, ex 
cept 102 

COSTS. 


Of work, material, teams to be reported by 


Street Commissioner 21 

Estimate of public works, made by engi- 
neer 38 

On tax or personal pjroperty, how col- 
lected 52 


Personal property may be used for, on tax 52 
In taxation, to be made out pf property. . 57 


To be included in tax judgments 69 

Of street Improvements, how paid 77(d) 


Of Street Improvements, how apportioned 77(g) 


Of street Improvements constituted lien.. 77(g) 
Of street Improvement not to exceed ben- 
efits 77(g) 

Council may provide lien for in improve- 
ments 77(g) 

Not to be assessed until hearing and equi- 
ties adjusted 77(g) 

For street Improvements, estimates on 

frontage 77(g) 

No costs, if property not benefited ..... 77(g) 

May bear 6 per cent interest 77(g) 


167 

Page. 

26 

26 

26 

26 

26 

26 

26 

26 

26 

26 

112 

112 

112 


29 

43 


54 

54 

55 
62 
67 
71 
71 


71 


71 

71 

71 

71 

71 



168 INDEX TO CHARTER AND ORDINANCES 

COSTS. 

Council may include cost of collection 77(g) 

Of street Improvement petitioned for 77 (o) 

Of sidewalks, how estimated 78 

Of sidewalks, how levied 78 

See Sidewalks. 

Of sidewalk work may be paid by city.. 78(g) 

Of sidewalks work how levied 78 

City does not give security for in suits... 114 

COUNTY ATTORNEY. 

- a 

May prosecute in corporation court, when. .102 
Shall receive no fee in Corporation Court. .102 
Shall not dismiss case in Corporation Court, 
except • • 102 

COUNTY BONDS. 

Purchase of from sinking fund 45-3 

«, Sinking fund invested in, when 

COURTS. 

Corporation Court 18 

Municipal, abolished IS 

.Proceedings under tax sales received as 

evidence in • • 

Duty of construing sections 77, 78 and 79. . 

Charter evidence in withoiut proof 119 

How shall construe Section 134 (a) 134(a) 

CULVERTS. 

Railroads to construct, when, how 

See also Bridges. 

CUMULATIVE. 

All provisions relating to taxes are . . 

Powers granted to city are, when 120 

CURBING. 

Council may determine expense of im 

proving • 

Material for 

See Street Improvements. 

Council may order made or repaired .... 77(c) 


Sec. 

Page. 

. 77(g) 

71 

. 77(o) 

80 

78 

84 

78 

84 

. 78(g) 

87 

78 

84 

114 

116 

102 

112 

102 

112 

102 

112 

45-3 

49 

48 

50 

18 

26 

IS 

26 

53 

54 

SO 

104 

119 

117 

.134(a) 

120 

87 

106 

95 

108 

120 

117 

38 

43 

38 

43 

•77(c) 

67 


CITY OF BEAUMONT. 

D. 


169 


DAMAGES. 

Sec. 

Pag 

City not liable unless Mayor notified . 

...74 

63 

On suits on District Improvements .... 

... 79(e) 

94 

For defective sidewalks 

...86 

106 

DEATHS. 



Register of, to be kept by whom 

...24 

30 

To be reported to council 

...24 

80 

DEED 



To land in tax sales, includes right 

of 


redemption 


. 56 

May be used in tax suits 

. .. 62 

59 

May be considered part of petition .... 

...62 

59 

City to make to purchase of railroad 


property 

. .. 77(d) 

67 

Such deed, prima facie evidence 

. .. 78 

84 

DELINQUENT TAX PAYER. 



Property may be seized and sold for taxes 56 

55 

Special lien on property of, for taxes . . . 

...56 

55 

DEMAND. 



None necessary, for taxes 

...54 

54 

Tax rolls evidence of lawful 

. . . 69 

62 

Under old laws, remain effective . . . 

. . .135 

124 

• 

DEPOTS. 



City may preserve order about depots . 

...34 

36 

DEPUTY CHIEF OF POLICE. 



Powers and duties of 

. . . 16 

24 

Compensation of . . . • • 


24 

How appointed 

. . . 16 

24 

May be removed, how 

...16 

24 

Is Peace officer 


27 

May summon citizen as peace officer 

. . . 19 

27 

May arrest without warrant 

. . . 19 

27 

DETENTION. 



* Of juvenile convicts in reform schools.. 

. .134 

120 

DEVISE. 



City may acquire property by 

...82 

105 

DIGEST. 



Of ordinances need not be published ... 

. . .107(1) 

113 


170 INDEX TO CHARTER AND ORDINANCES 


DIGEST. Sec. 

Omission of caption of digested ordinances. 107(2) 

City may have ordinances digested 107(3) 

Of ordinances as evidence -..107(4) 

DIGGING. 

Persons doing to restore street - - 90 

City not liable for injuries from 90 

City may replace and collect cost 90-91 

DISCRETION. 

Council may use when exercising pow- 
- ers, when -- 120 

DISEASE. 

Council may take measures to prevent 

entrance of 33 

Council may examine persons, trains, 


114 


Page. 

114 

114 

107 

107 

107 


117 


34 


City may impose penalty on owner ...... 

34 

39 

boats, and etc. for disease 

33 

34 

Property infected with, may be removed or 



destroyed 

33-34 

34 

Council may provide for suppression of. . 

76 

64 

DISMISS. 



Suits contesting District Improvements.. 

79(e) 

94 

County Attorney cannot, a case in Cor- 



poration Court 

120 

117 

DISORDERS. 

- 


City may close saloons, etc. in case of 

34 

36 

DISORDERLY ASSEMBLY. 



Council may prevent and restrain 

76 

64 

DISORDERLY CONDUCT. 



Council may punish its members for 

12 

19 

Council may punish others for 

12 

19 

Extent of usch punishment for 

12 

19 

DISORDERLY HOUSES. 



City may restrain and punish inmates.... 

34-76 

41 


DISORDERLY PERSONS. 

City may provide workhouse for 


34 


30 


CITY OF BEAUMONT. 


171 

DISTRICTS. Sec. Page. 


Drainage and sewer may be changed ....38 

43 

Improvement of 

38 

43 

Beaumont declared independent schools-. 

45-2 

48 

City may prescribe for retail saloons.... 

84 • 

106 

City may prescribe for wholesale saloons.. 

85 

106 

City may imopund or destroy 34 . 

... 

39 

DOORS. 



Council may regulate in public buildings 

76 

64 

May prescribe speedy exits in case of fire. . 

76 

64 

DRAFTS. 



Treasurer shall honor none on sinking 



fund, except 

45-3-47 

49-! 

DRAINAGE. 



Sewer inspector to enforce ordinances 



relating to 

23 

30 

Council may put in streets and etc. 

29 

32 

Council may order 

31 

34 

Council may determine expense of 

38 

43 

Districts may be changed 

38 

43 

Council may require owner of to reqair, 



etc. 

76 

64 

City may do the work, when 

76 

* 

64 

Such work on, a tax and lien on property. . 

76 

64 

Must not become nuisance 

76 

64 

Railroads to construct 

87 

106 

DRAM SHOPS. 



City may close, when 

34 

36 

draymen. 



May be regulated by city 

34 

36 

City may establish charges of 

34 

36 

Staying at depots 

34 

36 

DRINKING HOUSES. 



Council may license and regulate 

, 76 

64 

DRIVERS. 



City may regulate 

. 34 

36 

City may establish charges of-- 

. 34 

36 


172 INDEX TO CHARTER AND ORDINANCES 

DRIVERS. Sec. Page. 

City may prevent fast driving 34 36 

DUTIES OF OFFICERS. 

See the different officers. 

E. 

ELECTION OF OFFICERS. 

When held 7 16 

Who elected 7 16 

ELECTION OFFICERS. 

, - I 

To have distinct set for each polling 

place •• ^ 6 16 

Judge is elected by Council 11S 117 

ELECTION OFFICERS. 

Who are 7 16 

Vacancy, how filled . 12 19 

ELECTIONS. 

Time of holding 6-7 16 

Officers, ballot boxes and registration 

book distinct 6 - 16 

Manner of holding 10 IS 

To be ordered by Mayor pro tern, when 12 19 

Bonds or warrants issued without, when.. 79(o) 100 

Judges of, to be selected by Council ...118 117 

Ordinances submitted to, when 134(a) 120 

Section 134 (a) does not affect for bond 

issues 134(a) 120 

ELECTION SUPPLIES. 

Each polling place to have distinct 6 16 

ELECTRICIAN. 

Appotinted by Council . 8 17 

Term of office 8 17 

Duties prescribed by Council 8 17 

ELECTRIC LIGHT SYSTEM. 

Tax levy for acquisition of 45-4 49 

No acquisition of, except under ordinance 45-4 49 


CITY OF BEAUMONT. 173 

ELECTRIC LIGHT SYSTEM. Sec. Page. 

City may own and control 34-45-4 35-49 

City may issue bonds for 34 35 

EMERGENCY. 


Mayor to appoint policemen in 13 

What ordinance may be passed as 134(a) 

Must be stated in ordinance 134(a) 

Franchise cannot be passed as 134(a) 

Clause carrying charter into effect 136 

EMINENT DOMAIN. 


Council may acquire property by, when 76 


21 

, 120 
120 
120 
125 


64 


ENCROACHMENTS. 

! > 

Council may abate or remove 29 32 

ENGINEER. 

Appointed by Council 8 17 

Term of office 8 17 

Duties and qualifications 22-32 29-34 

Salary of 22 29 

May be required to perform duties of 

street commissioner 22 29 

May require duties of sewer inspector .... 23 30 

To issue permits for buildings, etc 32 34 

Shall prepare plans and specifications of 38 43 

Is charged with proper supervision of 

public work 38 43 

Shall prepare specifications for street 

Iprovements 77(e) 68 

Shll prepare specifications for sidewalk 

work 78(c) 6 ( 

Shall make reports and estimates for Im- 
provement Districts 79 (c & d) 93-4 

Shall appraise offsets in Improvement 

Districts <9(u) 103 

Permits for digging in streets 90 


107 


174 INDEX TO CHARTER AND ORDINANCES 


ENROLLMENT. Sec. Pa 

Of ordinances, how and when done 107(1) 113 


See also Ordinances. 

EQU I LIZATION. 

See Board of Equilization. 

ERRORS. 

In street improvement assessments, how 

corrected 77(m) 79 

In assessor’s and engineer’s does not efefot 

Improvement districts 79(c) 93 

In owner’s name does not invalidate Dis- 

Uistrict Improvements 79 ( t) 102 

i 

In ordinances, corrected when enrolled. . .107(1) 94 

ESTOPPEL. 

Of suits over Street Improvements 77 66 

Of suit sover sidewalk work 78 84 

In contest on District Improvements- •. . 79(e) 94 

EVIDENCE. 


Ordinances and code as 


35 

42 

Admissibility of same in 


35-107(4) 

42- 

Notation of Secretary on ordinances, to 

be. 

42 

47 

Proceedings under tax sales, received 

in, 



when 


53 

54 

Tax roll evidence of what • • . . . 


69 

62 

Tax rolls, how rebutted • • 


69 

62 

Assignable certificates, prima facie of what 

77 (p) 

82 

Deed under sidewalk work is 


78(k) 

91 


Proof of publication of ordinances con- 
clusive 107(1) 113 

Ordinances bearing caption, prima facie. ..107(1) 113 

Charter may be read in, without proof.... 119 117 


EXCAVATIONS. 

To be paid for by city 78 84 

Persons doing to restore streets 90 107 

City not liable for injuries from 90 107 

City may replace and recover cost 90-91 107 

EXECUTION. 

May issue to collect fines 28 32 

City property cannot be sold under 35 42 


EXEMPTIONS. 


CITY OF BEAUMONT. 

* Sec. 

No property exempt in Improvement Dis- 
tricts 79 (j) 

From Jury service 35 

From road duty to inhabitants Ill 

No property exempt from special taxation 129 

EXHIBITIONS. 

Council may license and regulate 78 

EXITS.. . . 

Council may regulate in public buildings.. 76 

EX-OFFICIO OFFICERS. 

Mayor to be, chief of police* • 13 

Mayor to be chairman of committees 13 

Mayor to be conservator of peace 13 

EXPENDITURES. 

Of city to be shown ■ * ...14 

Account of, kept by secretary.. 14 

Of each department, kept separately 14 

Mayor to submit annual budget of, when.. 99 
Of sanitary work, chargeable to whom.... 31 
Amount for contingent, suggested, how.... 99 
Of moving dangerous buildings, how as- 
sessed and collected 108 

EXPLOSIVES. 

City may regulate storage of 34 

F 

FACTS. 

Council may determine in District Im- 
provements 79 (s) 

Presumption in favor of District Improve- 
ments 79(s) * 

FARES. 

Street Railway fares to be regulated by or- 
dinance • • 81 

FEES. 

Of chief of police belong to city 16 

Attorney to receive none, except 17 

Of sewer inspector 23 


175 


Page. 


97 

42 

115 

119 

64 

64 

21 

21 

21 

22 

22 

22 

in 

34 
111 

115 

35 


102 


102 


105 

24 

25 
30 


17C INDEX TO CHARTER AND ORDINANCES. 


FEES. 


Sec. 


Page. 


Of scavenger may be collected in advance. 

25 


30 


Of scavenger to be fixed by council 

25 


30 


Council may fix of witnesses and Jurors. . . 

76 


64 


Of boiler inspector, fixed by council 

101 


112 


Shall not be lowered during tenure. ....... 

94 


108 


Shall not be raised during tenure 

94 


108 

FELONY. 





Arrest r»f nffpindprs 

19 


27 


Conviction of, disqualifies policeman or 



firemen 

110 


115 

FENCES. 





Not to be erected without permit 

32 


34 


On interior lines without permit 

32 


34 


Council may remove and condemn, when.. 

108 


115 

FERRIES. 





Rights of city inalienable, except 

98 


110 

FILTH. 

.. 

Removed by officers, when 

76 


64 

FINANCE COMMITTEE. 





and fire committee 

26 


31 


Shall be governed by regulations from 





council • 

26 

26 


31 

31 


Salary of, fixed by council 


FIRE 

COMMISSIONERS. 





Council may create Board of 

76 


64 

FIRE 

DEPARTMENT. 





Shall be in charge of fire chief 

26 


31 


To pass upon accounts 

13 


21 

FINANCES. 





Of city in control of and etc. of council... 

44 


48 

FINE. 

Mayor’s statement of 

Council may, its members, to what extent. 

May be imposed for disobedience to scav- 

13 

12 


21 

19 


enger orders 

Not to exceed $200.00 

25 

28 


30 

OO 


Council may provide for commutation of, 




how 

28 


32 


FINE. 


CITY OF BEAUMONT 


Sec. 


Execution may issue for collection of 28 

Ordinances imposing, to be published, ex- 
cept , 42 

For failing to do sidewalk work, amount of 78(f) 
For not working streets or paying 112 

FIRE CHIEF. 


Duties of • • 26 

Shall be under control of mayor, council 

DOCKS. 

Rights of city in, inalienable, except ... 98 
How aliened 93 

DOG FIGHTS. 

Council may prevent and punish 76 

DOGS. 

City may tax and regulate running at 

large 34 

Under mayor and council 26 

Affairs of, reported to council, when. ..... 26 

City to maintain and regulate 34 

FIREMEN. 


Under charge of Fire Chief 26 

Qualfications of 110 

Council may care for disabled, when 133 

FIRE WARDENS. 

Council may appoint • 76 

Powers of • • . . 76 

FIRE WORKS. 

City may prohibit use of 34 

FISCAL YEAR. 

Of City of Beaumont 93 

Does not affect taxation 93 

Mayor’s expense budget submitted at 
first of • 99 

FISH. 

Sale of, be confined to Market Houses 40 

FORECLOSURE. 

Suits for, in Taxation 59 

City may intervene in suits for 58 

Character of judgments in suit for 59 


177 

Page. 

32 

47 

86 

115 * 

31 


110 

110 

64 

39 

31 

31 

36 

31 

115 

120 

64 

64 

38 

108 

108 

111 

47 

56 

56 

56 


178 INDEX TO CHARTER AND ORDINAL 'h 

FORECLOSURE. 

Tax suits for and sale of land . . . 

Right of redemption under 

(See Taxation, Suits.) 

FORFEITURE. 


City may employ additional counsel for. . . 
Attorney to report causes for, to council.. 

Ordinances imposing to be published, ex- 
cept 

Council may impose • 

Clauses to be included in franchises 

FRANCHISES. 


' IT' Ci 


Lien on of railroads for improvements.... 
Council may regulate charges of users of. 
Council may regulate class and manner of 

service of . . . 

Users of allowed to make yield of 10 per 

cent 

Council not to change rate within one 
year 

How granted 

Terms of *. 

Reports of grantees 


FRAUDULENT DEVICES. 

Council may restrain and suppress 

FRONTAGE. 

Costs for street improvements, estimated 
on 


Sec. 

Pa, 

60 

57 

61 

58 

17 

25 

17 

25 

17 

25 

17 

25 

42 

47 

76 

64 

98 

110 

17 

25 

17 

25 

17 

25 

17 

25 

17 

25 

38 

43 

97 

109 

97 

109 

97 

109 

97 

109 

98-125 

110 

98 

110 

98 

110 

125 

118 

134a 

120 

134a 

120 

134a 

120 

76 

64 

77(g) 

71 


CITY OF BEAUMONT. 17!) 

FUEL. Sec. Page. 

Council may regulate measure of-- 76 64 

FUNDS. 

Of city, exempt from garnishment 35 42 

Investment of sinking funds, how 48 50 

Purchaser of bonds and interest held for 

particular 48 50 

G 

GAMBLING. 

City may suppress and punish 34 37 

GARNISHMENT. 

Funds of city exempt from...... 35 42 

Officers not required to answer, against 

city 35 42 

GAS. 

City may manufacture for lights 34 35 

City may issue bonds for 34 36 

Tax levy for acquisition of •• 45-4 49 

No acquisition of except under ordinance. 45-4 49 

GEESE. 

City may prohibit running at large 34 39 

May be impounded and sold or destroyed - • 34 39 

• May impose penalties on owner of 34 39 

GENERAL ELECTION. 

Referndery vote at, when. 134a 120 

GOATS. 

City may prohibit running at large...... 34 39 

City may impound, sell or destroy 34 "39 

City may impose penalty on owner 34 39 

GRADE. 

Council may regulate and change, and etc. 29 32 

Railroad tracks to be of street grade 87 106 

GRANTEES. 

Of franchises, how regulated 97-98 109-110 

GRASS. 

Council may order cutting of 31 34 

GROCERS. 

Council may license and regulate 76 64 


180 INDEX TO CHARTER AND ORDINANCES. 

GROG SHOPS. Sec. Page. 

Keepers of, regulated by city 34 36 

City may prescribe districts for 84-85 106 

- , ^ * # 

GUARANTY COMPANY. 

May execute bonds required by city 122 117 

gunpowder’. 

City may regulate storage of 34 35 

H. - 

HACKMEN. 

Charges of, may be fixed by city 34 36 

HAWKERS. 

Council may license, regulate or suppress. 76 64 

HAY. 

Council may regulate weight of 76 64 

HEALTH. 

Protection of, against disease 33-76 34-64 

City may remove or destroy property for 

Council may order connected to sewer.... 31 • 34 

Ordinances for may be emergencies 134a 120 

Of city appointed by council 8 17 

Term of office 8 17 

Duties and qualifications •• 24 30 

With mayor and council to have charge of 

sanitation 24 30 

Salary of, fixed by council 24 30 

HEARING. 

By council of objections to street improve- 
ments 77 66 

Of sidewalk work 78(e) 86 

Of objections to proposed District Im- 
provements •• 79(g) 95 

On regulations of users of public privileges 97 109 

HIGHWAYS. 

General control of council over.... 29 32 

Council may demand compensation for 

use of 29 32 

Council may condemn property for 29-30 32-33 

Improvements of 77 66 


CITY OF BEAUMONT. 

HIGHWAYS. Sec. 

City may lay pipe and sewers in 82 

City may grant franchises over 125 

HORSERACING. 

City may prevent and prohibit 34 

HORSES. 

Fire Horses under charge of fire chief.... 26 

City may prohibit running at large 34 

City may impound and sell or destroy 34 

City may impose penalty on owner 34 

HOSPITALS. 

Council may establish and maintain, where 33 

HOTELS. 

Council may license and regulate 76 

I 

IMPRISONMENT. 

Of councilmen, when 12 

Ordinances imposing, to be published, ex- 
cept 42 

IMPROVEMENT DISTRICTS. 

Council may create, when and how 79 

Definition of 79 

Are for benefitting property • • 79 

Tax Assessor reports for 79(b) 

Requisites of specifications of engineer for 79(d) 

Objections to, effect of 79(f) 

When objections to, to be determined 79(g) 

Xo real estate in, exempt .. { 7 9 ( j ) 

Bids for 79 (k) 

Contract awarded to best bidder 79 (k) 

Objections to bids...-- 79 (k) 

Suits contesting proceedings for, when 

filed 79(e) 

Suit contesting, barred when 79(e) 

Parties to suits contesting 79(e) 

Bond in suits contesting 79(e) 

Suspension of work, when suit filed....... 79 (m) 

When appeal perfected in contests of 79 (m) 


182 INDEX TO CHARTER AND ORDINANCES. 

IMPROVEMENT DISTRICTS. Sec. Pas 

Suits contesting take precedence 79 (m) 99 

Motions to advance on appeal 79 (m) 99 

Bonds and warrants for 79 (o) 100 

Extent of Taxation for •• 79(o) 100 

Contracts for 79(r) 102 

Contractor to keep in repair five years.... 79(r) 102 

Bond of contractor 79(r) 102 

Error in name does not invalidate taxa- 
tion in 79 ( t) 102 

Offsets to owner, for improvements 79 (u) 103 

May be created for different improvements 79 (v) 103 

Districts may overlap •• 79(v) 103 

Section 45 does not apply 79 (w) 103 

/ 

General laws apply to registration approval 

and effect thereof 79 (x) 103 

Sections 77 and 78 to prevail over 79 , when 80 104 

79 independent of 77 and 78 80 104 

Construction of Sections 77, 78 and 79 80 104 

IMPROVEMENT^ 

City may make for navigation of river and 

bayou 36 43 

City may make for landing of vessels and 

cargoes 36 43 

City may issue bonds for such improve- 
ments 36 43 

General tax levy for 45-1 48 

General tax, in addition to district tax for 

permanent 45-6 50 

(See Streets, Public Works, Railroads, 

Sidewalks. Improvement Districts.) 

INDEBTEDNESS. 

Of city to be shown by books of account. . . 14 22 

Account of kept by secretary 14 22 

City may fund, refund and issue bonds for, 

when 49 51 


45-2 


48 


INDEPENDENT SCHOOL DISTRICT. 

Beaumont declared a 


CITY OF BEAUMONT. 

INFECTIOUS DISEASES. Sec. 

Council may take measures to prevent en- 
trance of 33 

Council may prevent entrance of persons 

infected with 33 

Council may examine persons, trains, books 

and etc., for 33 

Property infected with may be removed or 

destroyed 33 

INHABITANTS. 

Of proposing or approving ordinances 134a 


(See also ordinances, City Council.) 
INITIATIVE AND REFERENDUM. 

As to passing or rejecting ordinances 134a 

(See also ordinances, City Council.) 


INJURIOUS BUSINESS. 

City may regulate location of • • 34 

INJURY. 

Notice of to Mayor 74 


City not liable for, for excavations, when. 90 
(See personal injuries.) 

IRREGULARITY. 

In tax levies, assessment and tax rolls, val- 
idated 64-68 

INSPECTION. 

City may establish, of persons and places. 34 
City may provide for, of meats, animals 

and milk 34 

Council may provide, of buildings and etc.. 76 
Of books of users of franchises, by council 97 
INTENT. 

Of legislature, as to Sections 77, T8 and 79. 80-134a 

INTEREST. 

No officer to have, in city work or business 39 
No school trustee to have, in school con- 
tracts • • 39 

Trustees interest renders contracts and 
etc., void 39 


183 

Page. 

34 


34 


34 


34 


120 


120 


35 

63 

107 


60-61 

35 


35 

64 

109 

104 

46 

46 

46 


184 INDEX TO CHARTER AND ORDINANCES. 


INTEREST. Sec. Pa 

Tax levy for payment of, on bonds 45-3-46 49 

Rate of on improvement bonds... •• 45-3 49 

Treasurer to keep, and sinking fund sepa- 
rately •* 45-3 49 

On purchased bonds, held in trust for 48 50 

On bonds for indebtedness 49 51 

On tax on personal property, how collected 52 54 

On taxes, when 54 54 

Rates of omitted property bear, when 66 69 

Taxes on omitted property bear, when.... 66 60 

On cost of sidewalk work 78 84 


(See also Improvement Districts.) 

JNTERU RBAN RAILWAY. 

(See Railways.) 

INTERVENTION. 


Of city to foreclose tax lien 58 56 

INTOXICATING LIQUORS. 

Places where sold, may be closed by city, 

when 34 35 

City may prescribe wholesale and retail 

Districts for 84-85 106 

City cannot prohibit sale in whole city 84-85 106 

INVESTIGATIONS. 

For removal of officers 12 19 


Council may compel witnesses to attend.. 128 119 

J 

JOURNAL. 

Secretary to keep of council proceedings.. 14 22 

JUDGE. 

See Recorder; magistrate of corporation 


court '. 18 26 

Duties and qualifications 18 26 

Term of office 18 26 

Salary of, fixed by council 18 26 

No person disqualified because a citizen-. 35 42 

Of elections to be selected by council 118 117 

"JUDGE OF THE CORPORATION COURT.” 


(See Magistrates; Recorder; Judge; Cor- 
poration Court.) 


CITY OP BEAUMONT. 


JUDGMENT. Sec. 

Personal In favor of city for conversion of 

tax security 58-59 

Character of in tax suits 59-69 

Redemption rights, a part of 59 

Property to be sold under 61 

Right of redemption of land under 61 

Council to render on objections to street 
Improvements 77(b) 


Of council on objections to sidewalk work. 78 (i) 
City may appeal without costs or super- 


sedes bond 114 

JURISDICTION. 

Of corporation court 18 

JUROR. 


No person disqualified because a citizen.. 35 


Council may fix fees of 76 

Officers of city exempt as 35 

JUVENILE CONVICTS. 


185 

Page. 


56 

56-62 

56 

58 

58 


67 

88 


116 


26 

42 

64 

42 


May be detained in reform schools ....... .134 120 

LANDING PLACES. 

Property may be condemned for*. 30 33 

LANDS. 


Rights of city in, inalienable, except 98 110 

(See property.) 

LAWS. 


Secretary custodian of 14 22 

State governing corporation courts 18 26 

Penalty not to exceed State laws 28 32 

Ordinances to conform to, of State 44 48 

Of State govern in redemption of property 

for taxes • • 53 54 

General and constitutional govern city tax 

suits 59 56 

General governs redemption of lands 59 56 

Tax rolls evidence of complying with 69 62 

Of State apply to registration and approval 

of city bonds or warrants 79 (x) 103 

General applicable to control public 

schools 115 116 


186 INDEX TO CHARTER AND ORDINANCES. 

LAWS. 

Of State govern when not provided in 


LEAVE OF ABSENCE. 

$ « 

The chief of police 

LEGISLATIVE INTEREST. 

As to, enacting sections 77, 78 and 79. .... . 
As to Section 134a 

LEVY. 

(See taxation.) 

LIABILITIES. 

Of city does not attach unless mayor no- 


LIBRARY. 

City may provide for • 

LICENSE. 

Collected by assessor and collector. 
Council may, certain business 

LIEN. 


On property for working on drains, sinks 

and privies 

To be enforced by council 

I 

On railroad company property for street 


Re-assessments for street improvements 

constitutes 

For sidewalk work 

Cannot exist against public school build- 


Sec. 

Page. 

. 

.131 

119 

135 

124 

135 

124 



16 

24 

80 

104 

,134a 

120 

74 

63 

75 

63 

75 

63 

77 

66 

78 (j) 

90 

34 

35 

20 

28 

40-76 

47-64 

38 

43 

56-58 

55-56 

; 59-60 

56-57 

76 

64 

76 

64 

77 (d) -38 

67-43 

• 77 (q-r) 

83 

> 

, 77(m) 

79 

78 

84 

127 

119 


CITY OF BEAUMONT. 


187 


LIEN HOLDERS. 


Sec. 

Page. 

City may join in suits for taxes. ....... 


58 

56 

LIGHTING. 




Of streets may be provided by city.... 


34 

35 

LIMITATION. 




Against taxes, complete in four years.. 

... 

68 

61 

Against suits on street improvements.. 


77 ( j) 79 (1) 

77-98 

Of suits over sidewalk work 


78 Je) 

86 

LIMITS. 




Boundaries of 


2 

12 

Property in may be condemned........ 


30 

33 

City to control sanitary work in 


31 

34 

City may have wharves within 1 mile out- 



sid<=> 


36 

43 

City may acquire property in or out of... 

S2 

105 

City may lay pipes and sewers in or out of 

82 

105 

City may have houses and parks in or 

out 



of , 


82 

105 

Inhabitants exempted from road duty 

be- 



yond 


111 

115 

Inhabitants required to work streets.. 


112 

115 

City’s control over river and bayou in 

and 



out of 


123 

117 

City may control refuse matter in or out of 123 

117 

* 

LIQUOR HOUSES. 




Council may license and regulate 


76 

64 

LOCAL IMPROVEMENTS. 




No property exempt from taxation for.... 

129 

119 

LOTTERIES. 


t 


Council may restrain and suppress 


34-76 

35-64 

LUMBER. 




Council may regulate inspection 

and 


measurement 


, 76 

64 


M 


MANUFACTURING PLANTS. 

City may regulate laying and operating of 

34 35 


switches to 


188 INDEX TO CHARTER AND ORDINANCES. 

MANUFACTURING PLANTS. Sec. Page. 

Council may regulate and prevent dan- 
gerous • 78 64 

City may control refuse matter, when 123 117 

. 

MARKET MASTER. 


Appointed by Council •• 8 17 

Term of office 8 17 

Duties prescribed by council •• 8 17 


MARKET PLACES. 

May establish 40 

May prohibit sales of products elsewhere. 40 


May collect privileges and licenses for.... 40 

MAYOR. 

With aldermen to conduct business 4 

Election and qualification of 4 

With aldermen to be designated as “Coun- 
cil” 4 

Term of office of •• 4 

Oath and bond of 7 

• Duties of 8-1 1-12 

With eight citizens to constitute Board 

of School Trustees 9 

To be ex-officio member and chairman of 

Board 9 

To appoint Board of Public Works 11 

Mayor pro tern to perform duties of 12-13 

Vacancies in office of, filled how 12 

May veto ordinance, resolution, act, and 

etc., how 13 

To exercise powers conferred by council.. 13 

May administer oaths 13 

Shall sign contracts -13 

Approve and pass upon accounts 13 

Ex-officio Recorder 13 

Ex-officio chairman of committees 13 

Ex-officio chief of police 13 

Conservator of peace 13 

May appoint special policemen 13 


47 

47 

47 

14 

14 

14 

14 

16 

17-18-19 


17 

17 

18 

19-21 

19 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 


CITY OF BEAUMONT. 189 

MAYOR . See. Page. 

May call out militia, when 13 21 

Shall enforce laws and ordinances 13 21 

Shall preside at council meetings 13 21 

To cast deciding vote, in case of tie 13 21 

Shall present message to council, when... 13 21 

Shall give certain information in message 13 21 

Salary of . 13 21 

Shall nominate “Judge of the Corpora- 
tion Court” 18 26 

Shall nominate clerk and deputies.. 18 26 

Is a Peace officer 19 27 

May summons citizens for peace officers.. 19 27 

May arrest without warrant, when-. 19 27 

To act with Health Officer and Council in 

charge of sanitation 24 30 

With council and committee to have con- 
trol of Fire Chief 26 31 

To approve building and fence permits... 32 34 

Shall have no interest in work or busi- 
ness with city 39 46 

Shall not be surety for persons having bus- 
iness with city 39 46 

Shall appoint Board of Equalization 51 51 

Shall attend and bid at tax sales 6J 59 

Must be notified of personal injury claim. 74 63 

Has power to solemnize marriages 76 63 

Has power to administer oaths of office. .76 64 

Shall execute release for street improve- 
ments • • 77 (i) 75 

Shall execute assignable certificates 77 (p) 82 

Shall execute certificates of notice 77 (r) 83 

Shall notify Railroad of work provided for in 

Section 87, when • • 83 107 

Shall instruct city to do work on streets 

for railroad, when • • 89 107 

Shall approve excavation permits 90 107 

Shall nominate auditor . • 92 108 


190 INDEX TO CHARTER AND ORDINANCES. 

MAYOR. Sec. Page. 


Shall submit budget of current expenses, 

when 99 111 

May include amount for contingent ex- 


penses, when 


111 


Shall sign all warrants for money.... 

106 

113 


Shall appoint Park Board, when 

126 

119 


Shall be member of Park Board 

126 

119 


Process against city served on •• 


119 


MAYOR PRO TEM. 

To be elected by council, when 

12 

19 


Duties of • • 


19 


MEASUREMENTS. 

Council may provide for, of lumber 

building material 

and 

64 


MEETINGS. 

Of council, when and where •• 


19 


Special meetings of council 

12 

19 


Certain officer to attend 

14-16 

22- 

27 

MERCHANTS. 

Council may license and regulate 

76 

64 


MESSAGE, 

Of Mayor to council 


21 


MILITIA. 

In necessity, mayor can call out 

. ... 13 

21 


MISCONDUCT IN OFFICE. 

Officers may be removed for .• 

15-16 

23- 

24 

MOB VIOLENCE. 

City may close saloon, etc., in case of 

34 

35 


MONEY. 

Treasurer to have custody of ......... , 


23 


To pay out on warrant 


23 


Treasurer’s statement of 


23 


. Officer handling, to give bond 

, . .. 27 

31 


On books not to be diverted.. 


50 


City not to pay persons owing taxes... 

. ... 73 

63 


None paid out except by warrant 

, . . .106 

113 


Warrants, for, how executed 


113 





CITY OF BEAUMONT. 

MONEY CHANGERS. 

Council may regulate, license and suppi 

MULES. 


City may impose penalty on owner....... 

N 

NAVIGATION. 

City may issue bonds for improvement of. 

NECHES RIVER. 

City may own, lease and construct wharves 

on 

City may issue bonds for improvement of. 
City may adopt measures for purity of 


NIGHT SOIL. 

Scavenger alone to remove 

NON-RESIDENT. 

For citations to 

* 

Service on, made how 

NOTICE. 

Secretary to serve aldermen with of special 

meetings 

To railroads of lien, not necessary 

Of action and meeting of Board of Equal- 


Of sale of personal property, for taxes, 

how given 

To unknown owners and non-residents in 

tax suits, form 

Tax rolls evidence of proper notices 


To railroad to do street work 

To committee by mayor, of railroad 


191 


Sec. 

Pc 

3 76 

64 

34 

39 

34 

39 

34 

39 

36 

43 

36 

43 

36 

43 

123 

117 

123 

117 

26 

30 

60 

57 

60 

57 

12 

19 

38 

43 

51 

51 

51 

51 

52 

. 54 

60 

67 

69 

62 

74 

63 

74 

63 

88 

107 

99 

107 


192 INDEX TO CHARTER AND ORDINANCES 


NOTICE. Sec. 

Assessment ordinance, as in street im- 
provements 77(g) 

Certificate of street improvements as 77 (r) 

To owner or agent, of street improvements 77(h) 

Owner may waive and accept service 77(h) 

Of ordinance or resolution for sidewalk 

not necessary 78(b) 

Council may give additional, in sidewalk 

work 78(d) 

Of sidewalk assessments, how given.. .... 78 (i) 

Of proposed District Improvement 79(f) 

NUISANCE. 

City may define and abate 34 

Privies becoming 76 

Failure to do sidewalk work is 78(e) 

O 

OCCUPATIONS. 

City may tax • • . 71 

OCCUPATION TAX. 

What city may levy and collect 71 


OFFENSE. 

Committed in presence or view of officer. 19 


Felony, who may arrest 19 

Against peace or ordinances 19 

Failure to do sidewalk may be 78(f) 

OFFENSIVE MATTER. 

City may prevent allowing in city 34 


OFFICERS. 

See the different officers; 

Appointive officers; 

Election of officers 
Duties of officers. 

OFFICIAL NEWSPAPER. 

Publishing initiative or ordinances in, 


when ..134a 

OFFSETS. 

To owner for improvements 79 (u) 


Pa 

71 

83 

72 
72 

84 

85 
88 
95 

35 

64 

86 


63 

63 

27 

27 

27 

86 

35 


120 

103 


CITY OF BEAUMONT. 


193 


OIL. 

City may regulate storage of 

ORDINANCES. 

City to accept adjacent territory by 

Must not be contrary to Constitutional 
and State Laws 

To prescribe punishment of members of 

council and others . 

Mayor to enforce all 

Mayor may veto, how 

Two -thirds vote to pass over veto 

Secretary custodian of 

Duties of chief of police under 

Attorney shall draft and pass upon pre- 
pared, when 

. m 

Council may provide for clerk and depu- 
ties by • • 

Council may require duties of engineer by 

Sewer inspector to enforce certain 

Council to prescribe powers of secretary by 
Duties of officers may be prescribed by... 

Amount of bonds prescribed by 

Enforced by fine 

Council may order filling, draining and 

general sanitary work 

General powers of 

How plead in suits » 

Printed or code admitted in evidence 

Council may regulate wharf charges by... 

Style of • • 

Enacting Clause 

Imposing penalty to be published 

Revised, codified and confirmed, not to be 

published • • 

Other than criminal, take effect when.... 

Council may enact all, except 

Council may alter, or repeal 

City may levy and collect tax by 


Sec. 

Page 

34 

35 

3 

14 

10 

18 

12 

19 

13 

21 

13 

21 

13 

21 

14 

22 

16 

24 

17 

25 

18 

26 

22 

29 

23 

30 

25 

30 

27 

. 31 

27 

31 

28-9 

32 

31 

34 

34-76 

25-64 

35 

42 

35 

42 

37 

43 

41 

47 

41 

47 

42 

47 

42 

47 

42 

47 

44 

48 

44 

48 

45 

48 


194 INDEX TO CHARTER AND ORDINANCES. 


ORDINANCES. Sec. 

No tax for gas, water, electric light sys- 
tem or parks except by. . . • 45-4 

Tax for water, light, gas systems or parks 

not levied except under 45-4 

Council may regulate tax lists, invento- 
ries, etc., by '. 50 

Council may fix time and rules of meet- 
ing of Board of Equalization by. . . • • 51 

Council may provide for seizure and sale 
of personal property for taxes, etc., with- 
out suit, by 52 

Council may provide for sale for taxes by. 53 
Council may provide for interest and pen- 
alty on taxes by . 54 

For taxes sufficient warrant for sale of 

property 57 

To provide for assessing unrendered prop- 
erty 67 

Tax rolls evidence of complying with 69 

City may provide occupation tax by 71 

Powers of 34-76 

As notice of lien for improvements 77(g) 

Council shall pass for street improve- 
ments 77 (i ) 

For sidewalk work 78 

Requiring transfer of street railways 81 

For regulating fares of street railways.... 81 
Failure of council to pass for tax, old rate 

applies 83 

Council may prescribe wholesale and re- 
tail saloon districts by 84-85 

Cannot prohibit sales in whole city 84-85 

Council may create office of Boiler in- 
spector by r 101 

Carrying into effect the charter 103 

Not in conflict with charter are valid until . 104-107(6) 

Enrollment of ...107(1) 

Publication of ...107(1) 


Page 


49 


49 


57 


57 


54 

54 

54 

55 

61 

62 

63 

35-64 

71 

75 

84 

105 

105 

105 

106 
106 

112 

112 

112 

113 

113 


CITY OF BEAUMONT. 


195 

ORDINANCES. Sec. Page 

Proof of publication of, how made 107 (i) 113 

Style of caption of 107(2) 114 

Council may codify, digest and print 107(3) 114 

How to plead ordinances 107(4) 114 

Printed or code of, admissible in evidence. 107(4) 114 

Prior invalid, allowed by charter, now valid 107(7) 114 

Council may pass for working streets 112 115 

May be proved, how 113 116 

Must not conflict with State penal laws... 116 116 

City may grant franchises by 125 118 

Duties of park policemen prescribed by... 126 119 

Offices not now existing, created only by. .132 120 

Juvenile violators of, may be placed in re- 
form school 134 120 

Passing, amending or repealing ordinances 

by initiative and referendum 134a 120 

Construction of 134a relative to 134a 120 

P 

PARAPET WALLS. 

Council may regulate building of 76 64 

PARK BOARD. 

Appointment of 126 119 

Of whom composed 126 119 

Qualfications and duties of. 126 119 

Term of office of 126 119 

May appoint policeman for outside park.. 126 119 

PARKS. 

Tax levy for acquisition of 45-4 49 

No acquisition of, except under ordinance 45-4 49 

City may own and control •• 45-4-82 49-105 

Rights of city in, inalienable except 98 110 

How aliened 98 110 

Under control of Park Board •• 126 119 

No lien shall exist against 127 119 

PARTITION FENCES. 

Council may regulate building of 76 64 

PARTITION WALLS. 

Council may regulate building of 76 64 


196 INDEX TO CHARTER AND ORDINANCES. 

PAVING. Sec. Pa 

Council may, sidewalks, streets and etc.... 29 32 

Council to determine expense of 38 43 

City may issue bonds for of streets 100 111 

See street Improvements; Improvement 
Districts. 

PEACE OFFICERS. 

Powers and duties of 19 27 

PEDDLERS. 

Who are 19 27 

Council may regulate, license and suppress 76 64 

PERMIT. 

To be obtained for buildings and fences... 32 34 

Requisites of 32 34 

9 

To dig or excavate in street 90 107 

PERSONAL INJURIES. 

City not liable unless mayor notified 74 63 

» 

City has recourse against owner in suits 

for, for defective sidewalks....*. 86 106 

City not liable for, from excavations, when 90 107 

PEST HOUSES. 

Council may establish and maintain, 

where 33 34 

May send persons to, when 33 34 

PETITION. 

Certified copy of, served, in tax suits, 

when 60 57 

Sufficiency of in tax suits.. 62 59 

Contesting street improvement sufficiency, 

of 77 (j) 77 

Owners may, for street improvements 77 (o) 80 

Of owners in Improvement Districts 79 92 

Council to comply with, when 79(d) 94 

For rejection of bids 79(k) 97 

Of owners in Improvement Districts, in 

contests 79(e) 94 

(See also improvement districts.) 


CITY OF BEAUMONT/ 197 


PETITION. 

Sec. 

Page 

For council, for or against ordinances. • 

134a 

120 

Ordinances suspended by, when 

134a 

120 

Vote on ordinances under 

134a 

120 

Council may pass any ordinance in ab- 



sence of 

134a 

120 

PLATTING OF PROPERTY. 



To conform to abutting lots and streets. .. 

3-96 

14-109 

Streets become property of city.. 

3 

14 

PLEADING. 



Of ordinances, how 

35-107(4) 

42-114 

POLICEMEN. 



Chief of, to be elected by voters 

7 

16 

Chief of, or any officer to bring in absent 

«. 

aldermen 

12 

19 

Mayor to appoint in emergency 

13 

21 

Chief of Police may suggest and control • • 

16 

24 

Under direction of ordinances and mayor. . 

16 

24 

Are peace officers 

19 

27 

Po wer of • • 

19 

27 

City to establish and prescribe duties 

34 

35 

Qualifications of 

,110 

115 

Park Board may appoint for outside park. 

126 

119 

Council may care for disabled, when 

.133 

120 


POLLING PLACES. 

One for each 1000 or fractional part of 


voters in wards 

6 

16 

Shall have distinct election officers 

and 


supplies • 

6 

16 

POLL TAX. 



City may levy and collect 

45-5 

50 

Who subject to 

45-5 

50 

POUNDS. 



City may establish and regulate 

34 

35 

PROCESS. 

Clerk and deputies to issue 

Who shall execute 

18 

16-19 

26 

24-27 


Against city, served on Mayor --.130 


198 INDEX TO CHARTER AND ORDINANCES. 


PROFESSIONS. • Sec. 

City may tax 71 

PROPERTY. 

See Taxation; Liens; Improvements; City 
Council; Condemnation; Ordinances; 


Franchises. 

PROPERTY GUARDS. 

Council may appoint 76 

Powers of 76 

PROPERTY TAX PAYERS. 


May vote on debt or expenditure of money 5 

PROPOSE. 

Voters may propose ordinances by peti- 
tion 134a 

Ordinances proposed, submitted to vote of 
people 134a 

PROSECUTIONS. 

In corporation court by county attorney, 


when 102 

PROTEST. 

Agianst ordinances by petition 134a 

PUBLIC ACT. 

Charter is • • 119 

PUBLIC AMUSEMENTS. 

City may permit or forbid 34 

PUBLICATION. 

Of advertisement for bids 38 

Of criminal ordinances 42 

Not necessary, when 42 

Of notice from Board of Equalization 51 

Of citations, how made and shown 60 

» 

Of notice of proposed district improve- 
ments 79(f) 

Of bids for street improvements-. 77(e) 

Of notice of street improvements 77(h) 

Of notice of sidewalk work., 78 

Of ordinances 107(1-5) 

How proved 107(1) 

Of initiative ordinances .-...134a 


Page 

63 


64 

64 

16 


120 

120 


112 

120 


117 


35 


43 

47 

47 

51 

57 

95 
94 

96 
84 

113-114 

113 

120 


CITY OF BEAUMONT. 

PUBLIC GROUNDS. 

General control of council over 

PUBLIC LANDINGS. 

Rights of city in, inalienable, except.. 

PUBLIC PLACES. 

Right of city in, inalienable, except. . . . 

Power of council over by ordinance. . . 
PUBLIC PRIVILEGES. 

Council may regulate charges and ser- 
vices of users of 97 

Council shall grant hearings to users of... 97 
Users of allowed to make yield of 10 per 

cent 97 

Council not to change votes within one 

year 97 

PUBLIC PROPERTY. 

City may grant franchises over .....125 

PUBLIC PURPOSES. 

City may issue bonds for •• 100 

PUBLIC SCHOOLS. 

Trustees to have exclusive control of 9 

To be governed by state laws-- 9 

Property may be condemned for 30 

City may provide system of 34 

Placing control of, validated 65 

Board of Trustees confirmed 65 

Levy of taxes for, validated- • 65 

Support of 65 

Trustees of, control 115 

No liens shall exist against.- 127 

Children barred from may attend reform 

school 134 

Trustees of may manage reform school. . . .134 
PUBLIC SERVICE. 

City may grant franchise, for 125 

PUBLIC USE. 

Property in limits may be condemned for. 30 

PUBLIC WORKS. 

(See Board of Public Works.) 


- Sec. 

Pa 

. 29 

32 

. 98 

110 

. 98 

110 

. 34 

35 


109 

109 

109 

109 

118 

111 

17 

17 

33 

35 

60 

60 

60 

60 

116 

119 

120 
120 

118 

33 


200 INDEX TO CHARTER AN DORDINANCES. 

PUBLIC WO.RKS. Sec. Page 

Shall make reports, suggestions and rec- 
ommendations on 11 18 

Shall not be accepted until 11 18 

Working out of fines in ..28 32 

I 

May be let by contract, when 38 32 

Council may advertise and receive bids 

for 38 32 

Engineer shall prepare plans and specifi- 
cations for 38 32 

Plans for, to be published in daily paper. . 38 32 

No bids or contracts for considered, unless 38 32 

Bond and security of contractor for, may 

be required .38 32 

Proposals for referred to board of > 38 32 

Engineer to make estimate of cost of 38 32 

Council to take action on, when. .......... 38 32 

Contract for, awarded, when 38 32 

If no bids accepted, engineer and board to 

proceed with 38 32 

Engineer charged with proper supervision 

of 38 32 

Raliroad liable for cost of certain 38 32 

PURCHASER. 

At tax sale, gets perfect title. 57 65 

City may recover personal judgment 

against, when 58 56 

Owner may redeem land from, how 59 56 

City not to become under tax sales, unless. 63 59 

Officers not to become under tax sales.... 63 59 

Q 

QUORUM. 

What constitutes of council 12 19 

QUALIFICATION OF OFFICERS. 

Of mayor and aldermen 4 14 

Of School Trustees 9 17 

Council Judge of, as to its members 12 19 

“Judge of the Corporation Court” 18 26. 

Board of Equalization • 51 51 

Policemen and Firemen 110 116 


CITY OF BEAUMONT. 201 

. QUALIFIED VOTERS. Sec. Page 

To elect certain officers 4-7 14-16 

Council to divide city into wards for 4 14 

Who are in, city..... 5-10 16-18 

Only tax payers to vote on debt or expen- 
diture of money *■ 5 16 

Polling places to be located for 6 16 

Constitution and State Laws govern 10 18 

May petition council for or against ordi- 

nances 134a 120 

Council must submit ordinance to vote of, 

when 134a 120 

Vote of, passes, repeals or amends ordi- 
nances 134a 120 

QUARANTINE. 

Against disease and diseased persons 33 34 

R 

RAILROADS. 

Council may regulate poles of 29 32 

Laws relating to, govern in condemnation 30 33 

Trains of, may be detained and examined 

for disease 33 34 

Council may regulate speed of trains.... 33 34 

City may regulate or prohibit ringing 

bells and blowing whistles 34 35 

City may require to drain and repair and 

light streets and make culverts 34 35 

Occupying streets may be charged with 

improving 38 43 

Shall file acceptance before occupying 

streets 38 43 

Council may require to lay foundations 

under tracks 38 43 

Property subject to taxation 55 55 

Shall pay portion of street improvements 77(d) 67 

Lien on for street improvements 77(d) 67 

Transfers and fares on street railways.. 81 105 


/ 


202 INDEX TO CHARTER AND ORDINANCES. 

RAILROADS. Sec. Page 

Shall construct and repair tracks, drains 
and culverts as required by Council.... 87 iOG 

Failing to do street work, city may do, 
when • • 89 107 

City may recover from, for street work 89 107 

•0 

RECORDER. 

» 

Appointed by Council 8 17 

. Term of office 8 17 

Duties prescribed by Council 8 17 

Mayor to be ex-officio 13 21 

Mayor or Mayor pro tern to act in absence 13 21 

To approve of dismissal of case by Coun- 
ty Attorney 102 112 

REDEMPTION OF BONDS. 

How provided for 46 50 

Drafts on Treasurer for 47 50 

REDEMPTION OF PROPERTY. 

Of property sold for taxes, how 53-59-61 54-56-58 

REFERENDUM. 

Vote as to passing or rejecting ordi- 
nances 134(a) 120 

See also Ordinances, City Council. 

REFORM SCHOOLS. 

Council may maintain for what purpose.. 134 120 

Who may attend .134 120 

REGISTRATION. 

Of city bonds or warrants for improvement. 

Districts 79(x) 103 

Of births and deaths 24 30 

RELEASE. 

Of lien for street improvements 77 (i) 75 

REMOVAL OF OFFICERS. 

Two-third vote of all aldermen neces- 
sary 12-76 19-64 

For what causes 12 19 

Officer to be heard before removed 12 19 

RENDITIONS. 

Council may regulate 50 51 


CITY OF BEAUMONT. 


RENDITION. Sec. 

Railroad property to be rendered . . 55 

Tax rolls evidence of 69 

REPEAL. 


Of former laws incorporating Beaumont. . 135 


Of ordinances. — See Ordinances. 

REPORT. 

Of assessor and engineer advisory 77(d) 

Of Street Commissioner 21 

Of births and deaths 24 

Of Fire Chief 26 

Of engineer, on public works 38 

Of Board of Public Works on Public 

works 38 

Of supplemental tax rolls to Council 66 

Of ssessor and engineer advisory 77(d) 

Of grantees of franchise 98 


RESOLUTIONS. 

See Ordinances. 

RESTAURANTS. 

Council may license and regulate 76 

RETAIL DISTRICTS. 

City may prescribe for saloons 84 

RETAILERS. 

Council may license and regulate 76 


203 


Page 

55 


62 


124 


67 

29 

30 

31 
43 

43 

60 

67 

110 


64 

106 

64 


REVENUES. 

Treasurer to receive and disburse ....... 15 23 

Statements of 15 23 

REVISE. 

Revised ordinances not published 42-107- (1), 47-113 

Omission of caption or style from revised 

ordinances 107(2) 114 

City may have ordinances revised 107(3) 114 

Revised ordinances admissible as evidence. 107(4) 114 

RIOT. 

City may close saloons and etc. in case 
of 34 35 


204 INDEX TO CHARTER AND ORDINANCES. 

ROAD DUTY. Sec. Pa 

Inhabitants of city exempted from be- 
yond city •• 11- HI 

Of inhabitants as to streets in city 112 115 

S. 

SALARIES OF OFFICERS. 

School trustees to serve without 9 17 

Of Mayor 13 21 

Of Secretary 14 22 

Of Treasurer 15 23 

Of Chief of Police 16 24 

Of deputy chief of police 16 24 

Attorney • • 17 * 25 

Of clerk and deputies 18 26 

Of assessor and collector and deputy 20 28 

Of street commissioner 2 \ 28 

Of city engineer 22 29 

Of sewer inspector . . . • • 2:> 29 

Of Health Officer 24 30 

Of scavenger 25 30 

Of Fire Chief 26 31 

Prescribed by ordinance or resolution . . 27 31 

City not liable for after discharge or abol- 
ishing office 75 63 

Of auditor 92 108 

Shall not be lowered during tenure 94 108 

Of boiler inspector, how fixed 101 112 

SALOONS. 

City may close when 34 35 

Council may license and regulate 76 64 

City may prescribe district for wholesale 

or retail 84-85 106 

SANITARY CLOSETS. 

City may conduct for public 124 ns 

SANITATION. 

To be in charge of whom 24 30 

Council to control 31 

Council may adopt for health 33 34 


CITY OF. BEAUMONT. 205 


SANITATION. 

* 

Sec. 

Pa; 

Council may act with County to improve 

76 

64 

City may control as to purity of water 



in river and bayou 


117 

SCAVENGER. 




Appointed by Council 


8 

17 

Term of office 


8 

17 

Duties of 


30 

All persons to obey his orders 


25 

30 

Exclusive power to remove night soil . . . 

25 

30 

Fees of, fixed by council 


25 

30 

City may prohibit work of by any 

one 



else 


34 

35 

City may provide for notice by, to owner 

and etc 


34 

35 

SCHOOL FUNDS. 




Treasurer to receive and disburse . . . 


.15 

23 

SCHOOLS. 




See Public Schools 




Reform Schools. 




SCHOOL SUPPLIES. 




Trustees shall not be interested in 

fur- 



nishing • 


39 

46 

Trustees shall not be employed by 

such 



concerns 


39 

46 

SCHOOL TRUSTEES. 




Appointment of 


9 

17 

Term of office 


9 

17 

Duties and qualifications of 


' 9 

17 

Two women may be • . . . 


9 

17 

No compensation to 


9 

17 

Shall have no interest in school contracts 

39 

46 

Old continue in office, until 

115 

116 

Continue to control public schools . . . . 


116 

May manage reform schools, when.. 

134 

120 

SECRETARY. 


V 


Of city, appQinted by council ..... 


8 

17 

Term of office 


8 

17 

Perform duties prescribed by cquncil . 


8 

17 


206 INDEX TO CHARTER AND ORDINANCES. 

SECRETARY. Sec. Page 

To serve notice of special meeting 12 19 

Shall show outstanding debts and ex- 
penditures • • 14 22 

Shall show sums due 14 22 

Shall issue warrants when 14 22 

Duties of 14 22 

Shall note publication of ordinances .... 42 47 

Shall attest assignable certificates 77(p) 82 

Shall advertise for street improvement bids 77(e) 68 

Shall give notice of sidewalk work 78(d) 67 

Shall attest bonds and warrants 79(g)-106 95-111 

Shall enroll ordinances •• 107(1) 113 

Shall examine and certify petitions on 

ordinances when 134a 120 

Shall print initiative ordinances 134a 120 

Shall mail copy of initiative ordinances 

to voters when r 134a 120 

SECTIONS. 

79 additional to 77 and 78 of Charter.... 79 92 

45 does not apply to 79 79(w) 103 

* 

Construction of 77, 78 and 79 80-95 104-108 

134a independent of others 134a 120 

SEIZURE AND SALE. 

See Taxation, Streets, Sidewalks. 

SEWERAGE. 

To be inspected by sewer inspector 23 30 

Sewer inspector to enforce ordinances 

relating to 23 3 

Council may put in streets, and etc 29 32 

Council may order connection to 31 34 

Council to determine expense of 38 43 

Districts may be changed 38 43 

City may acquire property and lay long 

pipes 82 105 

SEWER INSPECTOR. 

8 17 

• ’ 8 17 

23 30 


Appointed by Council 

Term of office 

Duties of 


CITY OF BEAUMONT. 207 

SIDEWALKS. • -Sec. Page 

General control of council over 29 32 

Council may order weeds and grass cut 

on 31 34 

Power of council over, by ordinance 34 35 

Council shall determine expense of im- 
proving 38 43 

Council may cause to be made or re- 
paired 77(c) 67 

Control of Council over, additional to 

Charter 77(c) 67 

Definition of “Sidewalk” ,78 84 

Powers of City Council over construction 

or repairs of 78 84 

Sidewalk work, levy, ordinances, collec- 
tions, etc., for 78 84 

Construction of sections 77, 78 and 79 80 104 

Suits against city for damages from .... 86 106 

Owner liable to city for damages from.... 86 106 

See also Improvement Districts, Streets. 

SINKING FUND. 

Tax levy for, on bonds 45-3 49 

Treasurer to keep, and interest separ- 
ately 45-3 49 

Treasurer shall honor no draft on, ex- 
cept 45-3 49 

For redeeining bonds to be provided ... 46 50 

'’Used only for purpose raised for 47 5u 

When applied to redeeming bonds 48 ho 

When bonds not due, how applied 48 50 

Provided for Improvement Districts 79 (p & q) 10i 

SHEEP. 

City may prohibit running at large 34 39 

City may impound or sell or destroy 34 39 

SHOWS. 

City may permit or forbid 34 35 

SLAUGHTER HOUSES. * ' 

City may regulate location of 34 35 

City may establish 34 25 


208 INDEX TO CHARTER AND ORDINANCES. 


SOAP MAKERS. 

Sec. 

Pa 

Power of city over by ordinance . . . 

...34 

25 

SPECIFICATIONS. 



In public works 

.;. 38 

43 

In street improvements 

... 77 

66 

In sidewalk work 

...78 

84 

In Improvement Districts 

...79 

92 

SPECIAL MEETINGS. 



Of Council, how called 

... 12 

19 

For what purpose 

... 12 

19 

Notice of 


19 


SPECIAL TAX. 

See Taxation. 

STATE BONDS. 

Sinking fund invested in, when 45-48 

STATE CONVICTS. 

Council may prohibit working in city.. 109 

STATEMENT. 

Of financial condition in Mayor’s mes- 


sage 13 

Of Treasurer 15 

Of assessor and collector, in tax suits.. 69 

Of engineer on street work 77(h) 

Of engineer on sidewalk work 78(d) 

Of grantees of franchise 98 

STREET COMMISSIONER. 

Appointed by Council 8 

Term of office 8 

Counci may dispense with 22 

Duties and salary of 8-21 

STREET RAILWAYS. 

See Railroads. 

STREETS. 


Platted property to conform to S 

Street commissioner to supervise work 

21 


4U-bO 


115 


21 

23 

62 

72 

85 

U0 

17 

17 

•29 


14 


on 


29 


CITY OF BEAUMONT. 209 

STREETS. Sec. Page 

Working out of fines on 32 

General control of council over 29 32 

Property may be condemned for 30 33 

Safety of passing in, regulated by ordi- 
nance 34 35 

Care of streets by railroads % 34 35 

Keeping street clear of annoyance 34 35- 

City may require animals standing in, to 

be hitched 34 35 

Council may designate improvement of.. 3S 43 

Railroads liable for improvement of, 

when • • 33 43 

City may pave in front of market places.. 40 47 

Tax levy for 45-1 43 

Council may regulate naming 7G 64 

City may lay pipes and sewers in .... 82 105 

Railroad tracks to be grade of 87 106 

Railroads to keep in good condition.... 87 106 

City may recover from railroad for work 

on, when • • S9 107 

Persons digging up shall obtain permit.... 90 107 

City not liable for injuries for digging 

in 90 107 

City may sue for cost of restoring 89-SI 107 

Of new property to correspond to sur- 
roundings 96 109 

Rights of city, inalienable except 98 110 

City maj* issue bonds for paving or re- 
pairing 100 111 

City may require inhabitants to work, 

when 112 115 

Who liable to work on 112 115 

City may grar^J: franchises over 125 118 

Procedure for improvements of 77 66 

Construction of sections 77, 78 and 79 ..80 104 

See also Improvement Districts. 

SUPPLEMENTAL ROLLS. 

Of property escaping Taxation 66 6* 


210 INDEX TO CHARTER AND ORDINANCES. 


SUPPLEMENTAL ROLL. Sec. 

May be any number of 66 

Taxes due, when made 66 

SUSPENSION OF OFFICERS. 

Of Chief of Police. 16 

Of Deputy Chief of Police 16 

Generally • 12 

SUSPICIOUS CHARACTERS. 

Arrest of • • 19 

Who are 19 

SUSPICIOUS PLACE. . 

Arrest of persons found . . . ^ 19 

T. 

TAXATION. 

To be paid into Treasury daily 29 

Dupicate receipt for 20 

City may levy, of $1.80 for all purposes.. 43 

$1.80 includes school tax 45 

Shall be levied at first meeting in May . . 45 

Division of 45 

Council may regulate making of lists.... 50 
Board of Equalization may change values 

of 51 

Board of Equalization to report unrendered 

property, for 51 

Appeal from fixing values for 51 

Personal property sold for without suit... 52 
Purchaser at sale for, get absolute title.. 52 

Council may provide for tax sales 53 

Redemption of property under tax sales 53 

Where and when payable . . .* 54 

No demand necessary for • 54 

Penalty for not paying when 54 

Collection of by seizure, and sale and 
suit 54 

Property of railroads subject to 55 

Collection for previous years 55 

Assessment on property about to be re- 
moved 57 


Pa 

60 

60 

24 

24 

19 

27 

27 

27 


23 

28 

48 

48 

48 

48 

51 

51 

51 

51 

54 

54 

54 

54 

54 

54 

54 

54 

55 
55 


CITY OF BEAUMONT. 211 

TAXATION. Sec. Page 

Seizure and sale of property about to be 

removed 57 55 

Tax levy sufficient warrant for sale of 

property 57 55 

Assessment for, a special lien 56 55 

Property liable to seizure and sale for.... 56 55 

City may sue for collection of 59 56 

Right of redemption part of judgment 

and deed 59 56 

Redemption in, governed by general laws 59 56 

Foreclosure of liens for 60 57 

Form citation by publication 60 57 

Petition in suits for 62 57 

City not to purchase property sold for, 

unless 63 59 

Mayor shall attend sales of property for 63 59 

Purchaser under to receive deed and pos- 
session 63 59 

Prior levies of ad valorem validated. 64 60 

Property subject to, for school tax . . 65 . . . . 60 

City to^continue to levy and collect school 

tax • • 65 60 

City to deliver school tax to Board .... 65 60 

Of property escaping taxation 67 61 

Assessing unrendered property, how . . 67 . . 61 

Collection of taxes on unrendered prop- 
erty, how . . • 67 61 

Barred in 4 years from maturity 6S 61 

Seizure and sale or suit for prior taxes 68 61 

Tax rolls, prima facie evidence in 69 62 

Character of judgment in suits for 69-3 62 

Property subject to taxation 70 63 

City may levy and collect occupation taxes 71 63 

Occupation tax not to exceed what 71 63 

No money paid to persons, etc. owing taxes 73 63 

Council may compromise back tax claims 73 63 

Special on Railroad Company for street 
improvements 77(d) 67 


212 INDEX TO CHARTER AND ORDINANCES. 


TAXATION. 

Sec. 

Pag 

Sales for street improvements same as for 

77 

66 

Sales for sidewalk work same as for 

78 

84 

Section 45 does not apply to section 79.. 

79 (w) 

103 

Faliure of Council to/ levjy, continues 

old rate 

83 

) 

105 

Not affected by fiscal year 

93 

108 

All provisions of, cumulative, except . . . 

95 

108 

Section 79 independent 

95 

108 

City may proceed under any provision.... 

95 

103 

Of unplatted property by the acre 

96 

109 


Of unplatted property same rate as lots 
Of land for condemning and removing 
No property exempt from special tax- 
ation 129 119 

and blocks 96 109 

See also Streets, Sidewalks. 

Improvement Districts. 


TENEMENT HOUSES. 

Council may regulate doors and exits 


and stairways in 76 

TERRITORY. 

Adjoining, may be admitted, how 3 

THEATRES. 

Council may license and regulate 34-76 

TRAM ROADS. 

See Railroads. 

TRANSFERS. 


City may require Street Railways to 


give 81 

TREASURER. 

Election of 7 

Term of office 7 

Oath and bond of 7-27 

Warrants drawn on 14 

Duties of 15 

Sureties on bond of, liable • • 15 


64 


14 


35-64 


105 

16 

16 

16-31 

22 

23 

23 


CITY OF BEAUMONT. 

TREASURER. ' Sec. 

Shall receive and disburse school funds 15 
Assessor and Collector to pay taxes and 

licenses to, daily 20 

Shall keep interest and sinking fund on 

bonds separately •• 45-3 

Shall have no draft in sinking fund, except 15-3-47 


TREASURY. 

Condition of, to be shown 15 

Fees of chief of police to be paid into 16 

Officers not to be interested in work paid 

into 39 

No money paid out except by warrant. •• -106 
Warrants on, how executed .* 106 


TRUSTEES. 

Of schools, (See School Trustees.) 

U 

UNCONSTITUTIONAL. 

Part of Charter does invalidate balances. . 121 


Sec. 134a shall not invalidate 134a 

UNITED STATES BONDS. 

Purchase of, from sinking fund 45-3-18 

UNKNOWN OWNER. 

Citation on 60 


UNRENDERED PROPERTY. 

(See Taxation.) 

V 

VACANCY IN OFFICE. 


How filled ^ •• 4-12 

VAGRANTS. 

City may restrain and punish 34 

VOTING DISTRICTS. 

To be established in wards 6 

VEHICLES. 

City may regulate or prohibit use of 34 

VETO. 

Mayor has power to 13-134a 


213 

Page 

23 

28 

49 

49-50 


23 


46 

113 

113 


117 

120 

49-50 

57 


35 


16 

35 


■ 21-120 


VENUE. 

Of suit on Treasurer’s Bond 


15 


23 


214 INDEX TO CHARTER AND ORDINANCES. 

w 


WARDS. 

Sec. 

Page 

City council may divide city into 

4 

14 

Not to be more than ten (10) 

4 

14 

Shall have regard for number of inhabit- 



ants 

ir 

4 

14 

Two aldermen from each 

4 

14 

If six or more, may provide for one alder- 



man from each 

4 

14 

To be arranged by Districts 

6 

16 

Voters to vote in, of residence 

6 

16 

• Polling places for voters of 

6 

16 

WARRANTS. 



For obligations to be issued, when 

14 

22 

Of city for improvement districts 

79(o-p- 

q-w) 100-3 

No money paid out except on 

106 

113 

How executed • • 

106 

113 

WATER FRONT. 



Rights of city in inalienable, except 

98 

110 

WATER WORKS.. 



City may own and maintain 

34-45-4 

-82 35-49-105 

City may issue bonds for 

34 

35 

WEEDS. 



Council may order cutting of 

31 

34 

WEIGHTS. 



City may regulate and punish violations. 

.34-16 

35-64 

WHARVES. 



Property may be condemned for 

i 

30 

33 

City may own, lease and construct, when. . 

36 

43 

City may issue bonds for 

36 

43 

City may regulate charges •• 

37 

43 

Rights of city in, inalienable, except 

98 

110 

WHOLESALE DISTRICTS. 



City may prescribe for saloons 

85 

106 

WITNESSES. 



Council may subpoena in investigating 


conduct of officers 

12-123 

19-119 

No person disqualified because a citizen.. 

35 

42 


v 


CITY OF BEAUMONT. 215 


WITNESSES. Sec. Page 

Board of Equalization may enforce attend- 
ance of 51 51 

Council may fix fees of 76 64 

Council may punish for contempt 128 119 

WORK HOUSE. 

Working out fines in 28 32 

City may provide for certain criminals.... 34 35 

WRIT OF ERROR. 


(See Appeals.) 


ORDINANCES 








2 


CHARTER AND ORDINANCES. 


CHAPTER I. 

RULES OF ORDER. 

Article 1. Rules of Order. 

Rule 1. The order of proceeding in the city council 
shall be : 

1. Roll Call. 

2. The reading of the minutes of the last preceding 
meeting or meetings and correcting of same. 

3. , Communications from the Mayor. 

4. Reports of other officers. 

5. Reading of petitions and remonstrances. 

6. Reports of standing committees. 

7. Reports of special commtitees. 

8. Presentation of ordinances and resolutions. 

9. Unfinished business. 

10. New business. 

11. Adjournment. 

Rule 2. Each member of the council shall stand and 
be uncovered while speaking, and the first addressing 
his Honor, the Mayor, shall be entitled to the floor. He 
shall not be interrupted while speaking, except by a call 
to order, or to correct a statement of facts, or to answer 
questions. 

Rule 3. There shall be the following committees, to 
be known as Standing Committees, to consist of three or 
more members, the Mayor being Chairman of all com- 
mittees. 

1. A committee on Finance, whose duty it shall be 
to take cognizance of all subjects relating to the finances 
of the city. 

2. A committee on Streets and Bridges, whose duty 
it shall be to take cognizance of the alteration or improve- 
ment of the streets and the condition, improvement and 
building of necessary bridges, crossings and sidewalks. 

3. A committee on Police, whose duty it shall be to 
take cogniance of all nuisances, the regulations necessary 
to prevent or remove same, and to preserve good order 
and quiet within the limits of the corporation. 

4. A committee on public grounds and public build- 


CITY OF BEAUMONT. 


3 


ings, whose duty it shall he to take charge of all public 
grounds and public buildings belonging to the city, and 
annually report to the council their condition. 

5. A committee on records and accounts, whose duty 
it shall be to examine the records and accounts of the city 
officials, and see that same are properly kept. 

6. A committee on Fire Department, whose duty it 
shall be to take cognizance of all matters pertaining to 
the Fire Department of the city, the erection of build- 
ings, etc. 

7. A committee on ordinances, whose duty it shall 
be to examine and report upon all ordinances referred 
to them. 

8. A committee on sewerage, whose duty it shall be 
to take cognizance of all subjects referred to them relat- 
ing to sewers. 

General Duties of Committees. — And it shall be the 
duty of each of the above committees, from time to time, 
to report to the board of Aldermen such matters and 
things touching the subjects referred to them as their 
observation shall point out, tending to the prejudice or 
advancement of the peace, prosperity and good order of 
the city. In addition to the standing committees above 
specified there may be appointed such special committees 
to take charge of particular subjects as may from time 
to time, be found necessary, the Mayor being chairman of 
all such committees. 

Rule 4. Appointment of Committees.— All commit- 
tees shall be appointed by his Honor, the Mayor, unless 
the council shall direct otherwise. 

Rule 5. Questions of Order. — All questions of order 
shall be decided by the Mayor, subject to an appeal to 
the Board of Aldermen, a majority of whom may reverse 
his decision. 

Rule 6 . Ayes and Noes. — Any member may call for 
the Ayes and Noes, which upon being made, shall be en- 
tered upon the Journal. 

Rule 7. The previous question may be moved by any 
member, which motion, if sustained by a majority of the 


4 


CHARTER- AND ORDINANCES. 


board, shall preclude all amendments and shall not be 
debatable. 

Rule 8. All motions must be seconded before being 
put by the chair, and upon request of any member, re- 
duced to writing. 

Rule 9. Motion to Adjourn. — A motion to adjourn 
shall always be in order, shall have the precedence of all 
other matters, and shall not be debatable. 

Rule 10. Ordinances may be referred to a committee, 
whose duty it shall be to examine and report the same, 
either with or without amendments, or if they disap- 
prove the same, to report the ground of disapprobation, 
and no ordinance shall be passed until it has been read 
at three regular meetings unless this rule be suspended 
by a vote on call of the roll of two-thirds of the aldermen 
present at the meeting. 

Rule 11. Meetings of the Council. — A regular meet- 
ing of the city council shall be held at the council cham- 
ber on the first and third Tuesday of each month, at 
10 o’clock A. M., at which meeting all ordinary business 
of the corporation shall be transacted. When a call 
meeting of the council is necessary, the city secretary, 
by order of the Mayor shall give to each alderman at 
least one hour’s written notice, or leave same at his resi- 
dence or place of business, of the time of the meeting of 
the board, and of the subjects which will require the at- 
tention of the board, and it shall not be in order to trans- 
act any other business at such meeting than that specified 
in the notice, and the salary of the alderman shall be 
$5.00 each for a regular meeting or adjourned regular 
meeting, not to exceed one adjourned regular meeting in 
each month, and $3.00 for each called meeting, not to ex- 
ceed two called meetings in each month; provided further 
that any three members may in like manner, call a special 
meeting of the council, but no such meeting shall be called 
except in cases of urgent necessity, and said notices served 
on the aldermen shall state the purposes of the meeting; 
and provided further, that the council may adjourn from 
day to day until the business properly coming before it 
is disposed of. 

Rule 12. A majority of the whole number of aider- 
men elected and qualified, or the Mayor and one-half 


CITY OF BEAUMONT. 


5 


of all alderman elected and qualified, shall be required 
to constitute a quorm. But any three alderman can 
convene and compel the attendance of members on any 
day of regular meetings, and may require the Chief of 
Police or any policeman to arrest and bring in the absent 
members. 

Buie 13. Suspension of Rules. — Any rule may be 
suspended by a vote of two-thirds of the members pres- 
ent in the council. 

Rule 14. Absentees. — An member failing to attend 
a meeting of the council without a reasonable excuse, 
may be fined not exceeding one ($1.00) dollar, unless on 
a vote of the majority of all the aldermen present, the 
absent member be excused. 

Rule 15. Disorderly Members. — Any member guilty 
of indecorum or disorderly conduct in the council, or 
who shall refuse to come to order when required to do so, 
shall be fined not exceeding five ($5.00) dollars at the 
direction of the Mayor, and should the disorderly mem- 
ber continue, he may on motion, by order of the Mayor, 
be removed from the council chamber, and in addition be 
subject to impeachment. 

Rule 16. All fines accruing under the above rules 
shall belong and be appropriated for the benefit of the 
city. 

Rule 17. All resolutions shall be acted upon at the 
meeting when presented unless on motion they may be 
laid on the table until the next regular meeting, or be 
referred to some committee, whose duty it shall be to ex- 
amine and report the same, either with or without amend- 
ments, or if they disapprove the same to report their 
grounds for disapprobation, and all resolutions shall be 
in writing and signed by the aldermen offering the same. 

Rule 18. Reports. — All reports shall be made di- 
rectly to the city council, who shall act on the sabre, but 
the same may on motion be referred to any committee 
having charge of the matter reported. 

Rule 19. Debates. — When a question is under de- 
bate, the ordinary rules of parliament shall govern the 
council. 

Rule 20. Any alderman of this city who fails to at- 


6 


CHARTER AND ORDINANCES. 


tend any regular meeting of the City Council, unless he 
have or present an excuse from the City Council or 
Mayor or an excuse satisfactory to such Council or 
Mayor shall receive no pay for such Council meeting. 

Rule 21. Any alderman of this city who fails to at- 
tend any two successive regular meetings of the City 
Council, without an excuse from, or satisfactory to, the 
City Council, shall ipso facto vacate his office of aider- 
man, and his said office shall thereby become vacated. 

CHAPTER II. 

DEFINITIONS. 

Article 2. .Time. — The words used in this compila- 
tion and revision in the past or present tense include a 
future as well as a past and present. 

Gender. — Words used in the Masculine gender in- 
clude the feminine and neuter. 

Number. — The singular includes the plural, and the 
plural includes the singular number. 

Person. — The word “person” includes a corpora- 
tion, a firm or partnership as well as a natural person. 

Writing. — “Writing” or “written” includes print- 
ing on paper. 

Signature or Subscription. — Includes mark where the 
person cannot write. 

Property. — The word “Property” includes real and 
personal property. 

Real Property. — Includes land, tenements and hered- 
itaments. 

Personal Property. — Includes every species of prop- 
erty except real property as above defined. 

Year and Month. — The word “Year” means a cal- 
endar year and the word “month” means a calendar 
month. v 

Bond. — When a bond is required, an undertaking 
in writing is sufficient. 

Money. — The word “money” includes gold and sil- 
ver coin and bank notes or bills. 


CITY OF BEAUMONT. 


7 


The City. — The words “The City” means the body 
corporate created by the act of incorporation. 

The Council. — The words “The Council” mean the 
Mayor and Aldermen acting as the city council of Beau- 
mont. 

The Corporation. — The words “The Corporation” 
mean the city as above defined. 

The Mayor. — The words “The Mayor” include and 
apply to any alderman acting as Mayor. 

CHAPTER III. 

OFFICERS AND THEIR ELECTION. 

Article 3. The city council to consist of: The mu- 
nicipal government of the city of Beaumont shall be vest- 
ed in a city council, composed of the Mayor and two Al- 
dermen from each ward, all of whom shall be elected 
biennially, as provided for in Section 4 of the Charter, 
provided, that should the city be divided into more than 
six wards, that said board of aldermen shall consist of 
one alderman selected from the qualified voters of each 
ward. 

Article 4. Qualification of Mayor and Aldermen — 

No person shall be competent to fill the office of Mayor 
or Alderman, unless at the date of his election and for 
two years prior to such election he be a qualified voter 
and a bona fide resident of and an owner of real estate 
in the city limits; provided, that should any alderman 
remove his residence to any other ward during his term 
of office the same shall become vacant, as provided in 
Section 4 of the Charter. 

Article 5. Other Officers of the City. — The other 
elective officers of the city shall be a Treasurer, Assessor 
and Collector of Taxes, a City Attorney and a Chief of 
Police who shall, at the date of their election, be quali- 
fied voters of the City of Beaumont. 

Article 6 . Appointive Officers. — Not later than the 
second regular meeting of the City Council after each 
election, the Mayor shall nominate in the Council, candi- 
dates for City Secretary, Health Officer, Health Inspector, 
City Recorder, or Judge of the Corporation Court, Street 


8 


CHARTER AND ORDINANCES. 


Commisisonei^jCity Engineer, Chief of the Fire Depart- 
ment, Fire Marshal, Sanitary Inspector, City Scavenger, 
City Electrician, Clerk of the Corporation Court, Building 
Inspector and Gas' and Water Meter Inspector, and such 
other officers of the City as the Council may from time 
to time create or provide for. 

Article 7. Terms of Office. — All elective and ap- 
pointive officers of the city shall hold their office for 
two years from the date of their respective elections or 
appointments, and until my successors are elected or ap- 
pointed and qualified, unless sooner removed by the City 
Council, and shall perform such duties as may be im- 
posed upon them by law or the Ordinances of the city, 
or by order or resolution of the City Council, and shall 
receive such compensation as the City Council may pro- 
vide, not to exceed the amount of compensation pre- 
scribed by the Charter. 

CHAPTER IV. 

THE MAYOR. 

Article 8. The Mayor Shall Qualify. — That the May- 
or elect shall before taking upon him the duties of his 
office, take and subscribe the oath of office required by 
the Constitution of the State, before any officer legally 
authorized to administer oaths, and shall execute and 
file with the City Secretary his bond, with two or more 
sufficient sureties to be approved by the City Council, 
payable to the City of Beaumont in the sum of three 
thousand dollars, conditioned for the faithful discharge 
of all the duties of his office, as Mayor of the City. 

Article 9. Mayor is the Chief Executive Officer, etc. 

— The Mayor is the chief executive officer of the city and 
shall be ex-officio Chief of Police and as such he shall 
have general supervision and control over all city offi- 
cers, and may whenever he shall see fit, examine into 
the condition of their respective offices, the books, papers 
and records therein, the manner of conducting their offi- 
cial business, and may call upon any officer, clerk or 
deputy for information in relation to any matter pertain- 
ing to his office. It shall be the duty of the Mayor to see 
that the Peace Officers and Chief of Police shall per- 
form their duty, and that the city ordinances are strictly 


CITY OF BEAUMONT. 


9 


enforced, and in event any policeman refuses to suppress 
any violation of law after his attention has been called 
to the same by the Mayor, the latter shall immediately 
suspend such policeman, or finally discharge him, sub- 
ject to the approval of the city council at their following 
meeting. The Mayor shall constantly examine into the 
condition of the streets, bridges, sidewalks and public 
grounds of the city and perform such other duties as are 
required of him under the ordinances of this city, and the 
Charter of the City of Beaumont and laws of the State 
of Texas. 

Article 10. Mayor May Call in Assistance.— That the 
Mayor shall have power to call to his assistance the city 
police, the militia of the city and citizens, to assist him 
in preventing or quelling any riot, rout, unlawful assem- 
bly or breach of the peace, and all persons so called out 
by him shall be subject to his orders, while on the duty 
to which they are called. 

Article 11. May Take Secret Measures to Suppress 
Crime. — That the Mayor shall have the power to take 
such secrc-o measures as he may deem necessary for the 
detection and apprehension of offenders against law or 
the ordinances, but no expenditure of money in relation 
to such service shall be made without the consent of the 
City Council. 

Article 12. Powers of Mayor. — That the Mayor 
shall have all the power granted to him as such under 
the law and constitution of this state and the Charter of 
the City of Beaumont and the ordinances of the city and 
perform the duties therein required of him, and such ad- 
ditional duties as are herein set forth. 

CHAPTER V. 

THE CITY ATTORNEY. 

Article 13. That the City Attorney before entering 
upon the duties of his office, shall take and subscribe the 
oath of office required by the Constitution of the State, 
before any officer authorized to administer oaths, and 
shall execute and file with the City Secretary a bond 
with two or more good and sufficient sureties, to be ap- 


10 


CHARTER AND ORDINANCES. 


proved by the City Council, payable to the corporation of 
the City of Beaumont, in the sum of one thousand 
($1,000.00) dollars, conditioned for the faithful dis- 
charge of all the duties of his office of city attorney. He 
shall be elected to the office by the qualified voters of the 
City of Beaumont, and shall hold his office for the term 
of two years, or until his successor qualifies. 

Article 14. Duties of City Attorney. — That the City 
Attorney shall prosecute all criminal cases arising in the 
Corporation Court ; he shall prepare all complaints there- 
in, and prefer charges against any peace office for derelic- 
tion of duty. He shall be the legal adviser of all city of- 
ficials, and be present either in person or by substitute at 
all meetings of the City Council, unless otherwise excused 
by the council. He shall defend all suits instituted against 
the city, as also any city official being prosecuted in any 
court for an act committed while in discharge of his of- 
ficial duty, unless it be apparent that such officer tran- 
scended his authority and was guilty of official miscon- 
duct in such acts to be determined by the City Council. 
He shall also prosecute to final judgment all suits for the 
collection of city taxes. He shall represent the City in 
any and all suits by or against it, and shall perform such 
other duties as may be required or provided for by the 
Charter or by the City Council. 

CHAPTER VI. 

ASSESSOR AND COLLECTOR. 

Article 15. Shall Assess and Collect Taxes Levied, 
Make Reports, etc. — That the Assessor and Collector 
shall assess and collect all licenses and taxes levied and 
imposed by the City Council and shall do and perform 
to the Treasurer daily, taking duplicate receipts there- 
for, one of which he shall retain and the other he shall 
return to the council (or the proper committee appointed 
by the council to receive the same) with his report in de- 
tail, showing the several amounts received and by whom 
paid, which report shall be made to the first meeting of 
the council in each month. He shall be governed by the 


CITY OF BEAUMONT. 


11 


rules and regulations hereinafter prescribed in relation 
to the assessment and collection of licenses and taxes 
imposed by the City Council, and shall do and perform 
such other acts and duties concerning the administration 
of his office as may be prescribed by the City Council, 
or that may be provided by the Charter of the City of 
Beaumont. He may appoint one or more deputies, who 
shall be responsible to him for their acts, who shall have 
like power and authority as assessor and collector. 

Article 16. His Bond. — That a bond shall be re- 
quired of the city assessor and collector in an amount not 
less than double the amount of funds which may proba- 
bly be in his hands at any one time, to be determined by 
the council, conditioned that he will faithfully execute 
the duties conferred upon him as assessor and collector 
and pay over all moneys which shall come into his hands 
as such Assessor and Collector, and render a just and true 
account thereof to said city council, according to Law. 

CHAPTER VII. 

CITY TREASURER. 

Article 17. The City Treasurer elect, shall, before 

entering upon the duties of his office, take the required 
oath, and shall execute and deliver ample and acceptable 
bond with two or more good and sufficient sureties, made 
payable to the City of Beaumont in such sum as the City 
Council may require, from time to time, but not to be 
less than twenty thousand dollars, conditioned that he 
will perform aU the duties conferred upon him as treas-, 
urer, and pay over all moneys which shall come into his 
hands as such, and render a just and true account thereof 
to said city according to law. He shall also be treasurer 
of the school fund, and give such additional bond there- 
for as the City Council may require, and in conformity 
with Section 15 of the City Charter. 

Article 18. Shall Securely Keep All Funds; Make 
Payment, etc. — That the City Treasurer shall receive and 
securely keep all funds belonging to the city, and keep 
the moneys of the city on deposit in some bank in the 


12 


CHARTER AND ORDINANCES. 


City of Beaumont, as may be directed by the City Council, 
and make all payments of the same upon warrants pro- 
perly issued, and he shall carefully preserve the vouch- 
ers for all payments made by him, and no allowance 
shall be made the Treasurer for any funds disbursed by 
him, unless he shall have the receipt or voucher, show- 
ing to whom and for what purpose the same was paid out, 
or satisfactorily account for his failure to produce them; 
and he shall keep in books, regular accounts of receipts 
and disbursements, specifying the kind of funds so re- 
ceived and disbursed, and separately, under proper heads, 
each cause of receipt and disbursement. Said books 
shall be kept in such manner as clearly show the financial 
condition of the city, as may be required by the City 
Council, and shall, at all times, be subject to inspection 
of the city council, or any member thereof, or any afficer 
of the City. 

Article 19. Shall Make Reports Monthly, Producing 
Cancelled Scrip, Vouchers, Coupons, Notes, etc. — That it 
shall be the duty of the treasurer to make report under 
oath to the City Council at the first regular meeting in 
each month, showing the amount of receipts and dis- 
bursements for the next preceding month, and said re- 
port shall show from what source the said funds were 
derived, specifying the amount and kind, whatever specie, 
currency or city scrip, and for what purpose they, or any 
part thereof, have been disbursed by him, and all the 
city scrip so reported shall accompany said report, and 
shown to and be subject to the action of the City Council, 
^nd all coupons, notes, etc., paid by him, shall accompany 
his report ; and in addition to the above, he shall preserve 
and have published annually an annual report, as pro- 
vided for in Section 15 of the Charter of the City of 
Beaumont; and on failure to do so, shall be subject to 
fine, as provided by said section. 

Article 20. Must Furnish Abstracts, Statements, 
etc., Must Have Office in City and Remain Therein, etc. — 
That the Treasurer shall from time to time furnish the 
City Council, or any of its committees, such abstracts and 
statements pertaining to his office and duties as may be 


CITY OF BEAUMONT. 


13 


required. He shall have an office in the City, and it shall 
be his duty in the performance of the requirements there- 
of to be present at his office from 9 A. M. until 12 o’clock 
M. on each day (Sunday excepted) and except also when 
he may, in the performance of any official duty, be nec- 
essarily absent, when during official hours, his books 
shall be open to inspection of any citizen. He shall perform 
all the duties required of him by the ordinances of this 
city, or resolutions of the City Council, and the laws 
and constitution of this State and charter of the city. 

Article 21. Shall be Custodian of the City School 
Fund. — The City Treasurer shall be custodian of, and 
safely keep and pay out according to the directions and 
regulations of the Board of School Trustees, all of the 
public money set apart by the State and County and ac- 
cruing from the collection of the special school tax of 
this city, for the purpose of maintaining and keeping up 
the public schools of this city, and for this purpose the 
said treasurer shall preserve all vouchers, receipts, etc., 
for money paid out by him as such, and he shall do and 
perform such other duties as may be required of him by 
the said Board of School Trustees of this City. 

CHAPTER Yin. 

POLICE DEPARTMENT. 

Article 22. Of What it Shall Consist. — The police 
department shall consist of the Chief of Police, Deputy 
Chief of Police, Day and Night Police Clerks, day and 
night driver of patrol wagons, and a suitable number of 
patrolmen and mounted men. 

Article 23. Chief of Police Shall be Responsible for 
Conduct of Force. — The Chief of Police shall be respons- 
ible for the general order and discipline of his force. He 
shall see that the patrolmen are assigned to their respec- 
tive beats, and that they patrol their beats properly, con- 
form to the police rules and regulations, and carry out 
such instructions as are given by the Chief of Police. He 
shall not place any patrolman on duty unless he is clean- 
ly attired and carefully uniformed, and shall make 


14 


CHARTER AND ORDINANCES. 


charges against any patrolman who shall neglect or fail 
to discover homicide, burglary or serious breach of the 
peace, or violation of the city ordinances committed on 
his beat during his hours of duty or who shall neglect 
to take proper measures to arrest any party guilty of 
such offenses. He shall see that every member of the 
police force goes on duty clean and neat in his person, 
and correctly dressed and that they also do whatever po- 
lice work the Chief of Police shall detail them to do. 

Article 24. Duties of Day and Night Drivers of Pa- 
trol Wagons. — The duty of the day and night driver of 
the patrol wagon shall be to drive said patrol wagon, 
keep the same in order, attend properly to the horses 
thereof, and be prompt and attentive to their posts of 
duty. 

Article 25. Appointment. — Apointments to the po- 
lice force shall be made by the Mayor in accordance with 
the City Charter, passed 1909. 

Article 26. Suspension or Discharge. — Any police- 
man of the City of Beaumont now or hereafter appointed, 
may be discharged by the Mayor upon the Mayor filing 
with the City Council, in writing, his reasons therefor. 

Article 27. Mayor Authorized to Appoint Special 
Policemen. — The Mayor is hereby authorized and em- 
powered to appoint any number of special policemen at 
any time or on any special occasion he may deem advis- 
able, and to discharge the same at will; said appointees 
to be paid by the City when in discharge of their duty 
for the City, otherwise to be paid by the party or parties 
employing them. ' 

Article 28. Requisite Qualifications. — No person 
shall be appointed policeman of this force unless he be a 
citizen of the United States and has been a resident of 
this State and city during the term of one year next prior 
to his application for appointment; who has never been 
convicted of crime; is of good health and sound body and 
mind; and of good moral character and habits. 

Article 29. Must Enedeavor to Prevent Crimes, etc. 


CITY OF BEAUMONT. 


15 


— The policeman’s exertions must be constantly used for 
the prevention of crime ; he must examine and make him- 
self acquainted with every part of his post, and vigilant- 
ly watch every description of person passing his way, 
and he must, to the utmost of his power, prevent the com- 
mission of assaults and all other breaches of the law. 

Article 30. Must Patrol His Post. — He must con- 
stantly patrol his post unless otherwise directed by the 
Chief of Police, or Deputy Chief of Police. 

Article 31. Must Examine Doors and Windows of 
Business Houses. — He shall frequently during the tour 
of his patrol duty, carefully examine (in night time) all 
doors and windows of business houses, to see if they are 
properly secured. 

Article 32. Police to Report New Occupation or 
business. — The Chief of Police is hereby required and 
directed to instruct all patrolmen who have regular beats 
in the city to make report of any new occupation or bus- 
iness opened up on their beats subject to occupation tax; 
said reports to be made daily to the Chief of Police, and 
upon blanks provided for that purpose by the City Secre- 
tary. When there are no new places of business opened 
up, a blank report shall be signed and forwarded on Sat- 
urday of each week, with notation thereon, substantially 
as follows: 4 ‘No new occupation or business on my beat, 
so far as I know.” 

Article 33. Abstract of Reports to be Sent Weekly 
to City Secretary. — The Chief of Police shall abstract the 
reports of the patrolmen on blanks to be furnished by 
the City Secretary for that purpose. Said abstracts 
shall be forwarded to the City Secretary not later than 
Monday of each week. The abstract shall be made in 
duplicate, the duplicate to be retained by the Chief of 
Police and filed in his office. 

Article 34. Shall Watch Persons of Bad or Suspic- 
ious Character. — He shall strictly watch the conduct of 
all persons of suspected or of known bad character. 

Article 35. Shall Require Persons Accusing An- 


16 


CHARTER AND ORDINANCES. 


other to Accompany Him to the Station House, etc. — 

When any person accuses another with the commission 
of crime, and insists that the person charged shall be 
taken into custody, the policeman shall require the ac- 
cuser, if unknown by him, to accompany him as a witness 
along with the accused to the Station House, and the 
accuser’s name placed on the blotter as such, and he must 
appear against defendant ; the policeman shall then, with 
as little delay as possible, return to his post. 

Article 36. Shall Not Leave His Post, Except. — He 

shall not leave his post unless otherwise directed by the 
rules and regulations. 

Article 37. Shall be Courteous and Helpful. — He 

shall be civil and polite to all strangers; give such in- 
formation as may be desired politely, but shall not leave 
his post for that purpose, and if necessary shall assist 
females, children and aged or decrepit persons across 
crowded streets. 

Article 38. Must Prevent Obstructions of Sidewalks 
and Crossings. — He must prevent all crowds from ob- 
structing the sidewalk, especially at crossings ; also keep 
the sidewalks clear from boxes of merchandise, as pro- 
vided by the ordinances of this City. 

Article 39. Ill Usage of Prisoners and Aggravating 
Language Unjustifiable. — In making arrests he is not 
justifiable in doing more than is absolutely necessary for 
the safe custody of the prisoners, until he conveys them to 
their proper destination. Policemen shall not use such 
language as would be calculated to provoke or exasperate 
them. 

Article 40. Baton to be Used Only in Emergencies 
and in Self Defense. — He must not use his baton except 
in urgent cases, and in self defense, nor consider him- 
self interfered with in the performance of his duty unless 
the interference is actual. 

Article 41. Must Not Leave his Post or Enter House, 
Exceptions. — He must not leave his post except in dis- 
charge of police duty, nor shall he enter any house ex- 


CITY OF BEAUMONT. 17 

cept in the execution of his duty, or to prevent a breach 
of the peace. 

Article 42. Cognizance of Public Houses, etc. — 

He must pay particular attention to all public houses or 
drinking places on his beat, reporting those that are noisy 
or disorderly. 

Article 43. Must Not Become Offended. — Policemen 
should not become offended at any harsh or abusive lan- 
guage that may be applied to them. 

Article 44. Duty on Making Arrest. — Whenever a 
person is arrested the policeman making such arrest shall 
immediately convey the prisoner to the Station House 
either by accompanying him or sending him in the patrol 
wagon. The policemen shall then search the prisoner and 
turn over to the clerk of the Station House the prisoned 
and effects. The clerk must enter same on the blotter. 

Article 45. Prisoner May Give Cash Bail. — The 
Chief of Police, or Deputy Chief of Police, is hereby au- 
thorized and directed to take from any and all persons 
arrested by any member of the police force, for violation 
of any ordinance in the City of Beaumont, and when such 
person voluntarily offers to deposit the same, a cash bail 
for appearance before the corporation court of the per- 
son arrested. 

Article 46. Amount Shall Not be Less Than $25.00. 

— The cash bail herein authorized shall not be less than 
twenty-five dollars for any one person, and a larger sum 
not to exceed two hundred dollars as in the discretion of 
the Chief of Police, or Deputy Chief of Police, may be 
necessary to enforce the attendance of the person so bail- 
ed, before the corporation court. 

Article 47. Chief of Police, or Deputy Chief, to Give 
Receipt. — When a cash bail shall be taken as herein pro- 
vided for, the Chief of Police, or Deputy Chief of Police 
shall execute and deliver to the person depositing such 
cash bail, a receipt for the same. 

Article 48. Chief of Police or Deputy Chief to File 
Complaint. — In all cases where cash bail has been taken 


18 


CHARTER AND ORDINANCES. 


by the Chief of Police or Deputy Chief of Police, he shall 
file or cause to be filed against the person bailed, a com- 
plaint with the City Attorney not later than 8 A. M. of 
the morning following the arrest and bail, and the cash 
bail shall be deposited with the Clerk of the Corporation 
Court at the time of filing complaint herein provided for, 
and thereupon the clerk of the Court shall make and de- 
liver to the Chief of Police or Deputy Chief of police a 
receipt for such bail. 

Article 49. When Complaint is Dismissed, Money 
to be Refunded. — In all cases where the complaint is dis- 
missed by the Corporation Court, the Clerk of the Court 
shall refund the cash bail to the person depositing the 
same, and take a receipt therefor. 

Article 50. Only Chief of Police or Deputy Allowed 
to Receive Cash Bail. — No officer is allowed to take cash 
bond for a prisoner except the Chief of Police, or the 
Deputy Chief of Police, and the Deputy Chief of Police is 
only allowed to take such bond in the absence of the Chief 
of Police, and whenever bond is taken it must be entered 
on the record of arrests, and opposite the prisoner’s name, 
the amount deposited. 

Article 51. Duty of Deputy Chief of Police. — It is 

the duty of the Deputy Chief of Police to take charge 
of the night forces, call the roll when the night force will 
relieve the day force, then again when the day force will 
relieve the night force. It is also the duty of the Deputy 
Chief of Police to constantly watch and see that the night 
policemen do their duty by visiting their beats at least 
twice during the night. 

Article 52. Members Must Be Prepared to Act at All 
Times. — Each member of the police force shall devote his 
time and attention to the business of the department. Al- 
though certain hours are allotted to the respective mem- 
bers of the force for the performance of their duty on or- 
dinary occasions, yet at all times they must be prepared 
to act immediately, on notice that their services are re- 
quired. 

Article 53. Punctuality, Obedience, etc. — Punctual 


CITY OF BEAUMONT. 


19 


attention, prompt obedience and conformity to the rules 
of the department will be rigidly enforced. 

Article 54. Rule of Conduct. — Each member, in his 
conduct and deportment, must be quiet, civil, and orderly 
in the performance of his duty. He must maintain de- 
corum and attention, command of his temper and pa- 
tience, and must be discreet. He must, at all times re- 
frain from harsh, violent, coarse, profane or insulting 
language, and when required, act with firmness and suf- 
ficient energy to perform his duty. 

Article 55. Must Give Bond. — The Chief of Police 
shall before entering upon the discharge of his duties, 
enter into a bond with the City of Beaumont in the sum 
of Two Thousand ($2,000.00) Dollars, with two or more 
good and sufficient sureties, who shall before a notary 
public or other officer authorized by law to administer 
oaths, make oath that each is worth and owns property 
in double the amount of the bond, over and above all debts 
and exemptions by law; provided, any private corpora- 
tion authorized to make such bonds and having on de- 
posit with the State of Texas the money required by the 
laws of the State of Texas, may make said bond, and the 
said sureties shall be held responsible for all fines im- 
posed upon said officer for any violation of law not done 
by authority, for non-performance of duty and for viola- 
tions of any regulation of the police department, and for 
failure to account for any and all moneys or property 
coming into his hands for the use and benefit of the City. 

Article 56. Uniforms. — That the dress of the mem- 
bers of the police force known as patrolmen shall be dark 
navy blue, trimmed with brass buttons, with gray helmets 
upon which shall be a wreath and number, and they shall 
also carry a baton. The, mounted police shall wear the 
same kind of uniforms as provided for patrolmen, and 
they shall wear a large, light-tan felt hat upon which 
shall be a wreath and number. 

Article 57. Must Obtain Uniform Within Thirty 
Days. — Each member of the Police Force shall be re- 
quired to furnish himself, at his own expense, with the 


20 


CHARTER AND ORDINANCES. 


prescribed uniform within thirty days after his appoint- 
ment. 

Article 58. Shall Not Enter Public House, Excep- 
tion. — No policeman while on duty, shall be allowed to 
enter any saloon, or any other place of public resort, nor 
shall he converse with any person or persons, on the 
streets, except in the discharge of his duties as police- 
man. But it shall be his duty to go into any and all 
places in the city where he has reason to believe that a 
breach of peace, or a breach of the city ordinances, is 
about to be committed. 

Article 59. May Arrest Suspicious Persons. — Po- 
licemen shall have the right, and it is hereby made their 
duty, to arrest and interrogate all persons of suspicious 
demeanor, character or conduct found on the squares, 
streets or bridges, or any public place or thoroughfare, or 
in or upon or about public or private buildings or prem- 
ises, where they have no right or permission to be, and if 
such persons do not give satisfactory account of them- 
selves, and the public officer has good reason to believe 
that such person or persons intend or are about to commit 
or have committed any violation of the law, or ordinance 
of the city, it is hereby made the duty of such officers to 
take such person or persons into custody, or if necessary 
for their safe keeping, to put them in the city jail, and at 
the earliest time practicable bring them with all the evi- 
dence and proofs applicable to their case, before the 
Corporation Court for investigation and hearing. 

Article 60. City May Work Prisoners on Rock Pile 
or Streets, etc. — That every person who may be con- 
victed in the Corporation Court of the City of Beaumont 
of the violation of any law of the State of Texas, or or- 
dinance of the City of Beaumont, and who shall be com- 
mitted to jail in default of the payment of the fine and 
costs, or either, adjudged against him or her, shall be 
required to labor in the city work house, on the streets 
of the City of Beaumont, on the city rock pile, and on any 
other public works of the City of Beaumont. 

Article 61. Shall be Guarded. — Convicts shall be 


CITY OF BEAUMONT. 


21 


guarded while at work, so as to prevent their escape, and 
shall not be compelled to labor at any kind of work that 
will endanger their life or health. 

Article 62. Infirm and Decrepit Convicts. — A con- 
vict, who, from age, disease or other disability, physical 
or mental, is unable to do manual labor, shall not be re- 
quired to work, but with any others not furnished with 
labor by the Chief of Police, shall remain in the City 
prison until his term of imprisonment is ended, or labor 
is furbished and fines and costs adjudged against him 
are discharged at the rate of One Dollar for each day of 
such confinement or work. And if there be any doubt 
on the part of the Chief of Police as to such disability, it 
may be determined by the opinion of a competent phy- 
sycian or City Health Officer, called to his aid. 

Article 63. Shall Not be Employed in Conflict With 
Free Labor. — Such persons so required to labor shall not 
be allowed to come in conflict with the employed labor- 
ers of the City of Beaumont, and when such persons are 
required to labor on the streets or other public works of 
the said City of Beaumont, the person who has supervi- 
sion of them shall first ask the city official having charge 
of the streets or other public works to designate the place 
where such person or persons so convicted shall be put 
to labor; provided, that should such official refuse to 
designate such place, then the person having the super- 
vision, or the Mayor of the City of Beaumont, shall put 
them at labor on such street or other public work as he 
may deem best and proper for the best interest of the 
public. 

Article 64. Shall be Worked Under Supervision of 
Chief of Police. — Such person so convicted is to be work- 
ed under the supervision of the Chief of Police of the 
City of Beaumont, or some person detailed by said Chief 
of Police or Mayor for that purpose, provided that such 
person or persons so convicted shall not be required to 
work more than nine full hours during one day at any of 
the labor named in this chapter. 

Article 65. Shall Receive a Credit of One Dollar for 


22 CHARTER AND ORDINANCES. 

Each Day’s work. — Every person convicted, as stated 
in this chapter shall be entitled to a credit of one dollar 
on the fine and costs of court adjudged against him or 
her for each and every day that he or she may be required 
to labor hereunder, and shall be discharged when he or 
she has worked a sufficient number of days to pay such 
fine and costs at the rate of one dollar per day for each 
day actually, worked ; said one dollar per day to be ap- 
plied, first to the payment of the fine, and then to the 
costs of the court; provided that such person or persons 
may be discharged at any time upon the payment of the 
balance due upon such fine, and costs adjudged against 
him or her, after having recived credit as hereinbefore 
provided ; further provided, that in no case shall the con- 
victed person be required to work, as hereinbefore pro- 
vided, for a longer time than six months for a failure to 
pay such fine and costs. 

Article 66 . Refractory Convict. — When a convict 
required to labor refuses to do so, or is otherwise refrac- 
tory or insubordinate, he may be punished under the di- 
rection of the Mayor or Recorder, by solitary confine- 
ment on bread and water, or by additional confinement 
of such convict, not to exceed ten days for each such 
act. 

Article 67. Shall Make Daily Remittances. — The 

Chief of Police shall make daily remittance to the Treas- 
urer of the City of Beaumont of all fines and costs paid, 
and the remittance slip to the Treasurer shall give the 
number of the case, the name of the defendant and the 
amount remitted to the Treasurer, a duplicate of said re- 
mittance slip to be daily reported to the Clerk of the 
Corporation Court by the Chief of Police. 

Article 68. Chief of Police to Keep Record of All 
Committments. — The Chief of Police is hereby required to 
keep a record in his office of all committments issued to 
him or any policeman of the City of Beaumont, and all 
fines and costs collected on said committments shall be 
entered on said record and any defendant discharged 
shall be noted therein, with the reasons therefor. 


CITY OF BEAUMONT. 


23 


Article 69. Police Clerks' Duties — Prisoners to be 
Searched. — It shall be the duty of the police clerk to have 
all persons brought before him searched for valuables, 
and take any weapons and all papers and valuables and 
lock the same up for safe keeping, giving the prisoner a 
receipt therefor, and not surrender same unless by order 
of the corporation court Judge. Said Clerk shall also 
enter name of the person arrested on the Police blotter, 
and style of offense which he is charged with; the name 
of the officer making the arrest and furnish the clerk of 
the Corporation Court with a copy of the same. 

Article 70. Shall Keep Prisoners Unless They Give 

Bond. — Said Police Clerk shall secure from officers who 
make arrests, persons by them arrested, and cause said 
persons to be confined in the city jail, to await trial on 
whatever charge is lodged against them, unless said per- 
sons give bond to said corporation court for their ap- 
pearance as is required by law. 

Article 71. Police Station to be Kept Open at all 
Times. — The Police Station shall be kept open for the 
transaction of business at all times, and the Police Clerk 
in person or by Deputy, shall be in attendance at the 
office of the Police Station at all times for the trans- 
action of business. 

Article 72. Fines and Costs to be Paid on Com- 
mitment. — All fines and costs paid to the Chief of Po- 
lice on any commitment issued out of the Corporation 
Court shall be by him paid to the City Treasurer upon 
the return of the commitment, and said commitment 
shall be returned to the Clerk of the said court 
by the Chief of Police daily upon the payment of fines 
and costs, for which said commitment was issued, or 
upon the discharge of the defendant according to law or 
the ordinances of the City of Beaumont. 

Article 73. All Arrests to be Brought Before the 
Corporation Court. — All persons arrested by members of 
the police force for offenses punishable under the or- 
dinances of the city, as well as under the laws of the State, 
of which the Corporation Court and the Court of the 


24 


CHARTER AND ORDINANCES. 


Justices of the Peace have concurrent jurisdiction, shall 
he brought by such officer before the Corporation Court 
for trial; nor shall it be legal for any member of the 
Police force to carry any person so arrested before a 
Justice of the Peace for trial. 

Article 74. Policemen to File Complaints. — It shall 

be the duty of the members of the police force to file in 
the Corporation Court all complaints against persons ar- 
rested by them for the commission of offenses of which 
the Corporation Court and Justice of the Peace Courts 
have concurrent jurisdiction. 

Article 75. Penalty. — Any member of the police 
force who shall be guilty of violating and of the pro- 
visions of this Chapter, shall be punished by suspension 
from the force, upon proofs of the fact before the Mayor. 
It shall be the special duty of the Recorder of the Corpor- 
ation Court, the Chief of Police and every patrolman 
forthwith to report every such violation to the Mayor and 
City Council. 

Article 76. May Arrest Without Warranv, When. — 

Any person violating any of the provisions of this Re- 
vised Code of Ordinances may be arrested without war- 
rant by any peace officer of this city or by any other per- 
son, when the offense is committed within his presence 
or within his view, if the offense is one classed as a fel- 
ony, or as an offense against the public peace, or against 
any of the ordinances of this City, or any person may be 
so arrested without warrant when found in suspicious 
places or under circumstances which reasonably show 
that such person has been guilty of some felony or breach 
of the peace, or threatens or is about to commit some of- 
fense against the laws, either of the State or against the 
ordinances of this City. When it is shown by satisfac- 
tory proof to a peace officer upon presentation of a cred- 
ible person, that a felony has been committed and that 
the offender is about to escape, so that there is no time in 
which to procure a warrant, then such person may, with- 
out warrant, pursue and arrest the accused. 


CITY OF BEAUMONT. 25 

CHAPTER IX. 

CITY SECRETARY. 

Article 77. There shall be appointed by the city 
council at the time and in the manner provided by Sec- 
tion 8 of the Charter of the City of Beaumont, a city 
secretary, who shall hold his office for the term of two 
years from the date of his appointment and until his suc- 
cessor is appointed and qualified. 

Article 78. Powers. — The City Secretary shall have 
all the power and perform all the duties prescribed by 
the Charter of the City of Beaumont, and ordinances 
thereof, and of the laws of the State of Texas, and in ad- 
dition thereto, shall perform the following services, and 
comply with the following conditions. 

Article 79. Shall Give Bond. — That before entering 
upon the discharge of his duties, he shall give a bond in 
the sum of One Thousand ($1,000.00) Dollars, conditioned 
for the faithful performance of his duties, and payable 
to the City of Beaumont, and shall take the oath of 
office. 

Article 80. Shall Assist Committees and Officers. — 

That it shall be his duty to examine, in conjunction with 
the proper committee, all financial reports of the dif- 
ferent officers of the city, and point out any error or 
irregularity he may detect in the same. 

Article 81. Shall Examine Books, Records, etc. — 

That in conjunction with the proper committee, if re- 
quested, he shall examine the official books and records 
of every officer of the city, who receives or pays out any 
money of the city, and shall report any fraud, mistake, 
or illegal charges that he discovers to the committee. And 
shall attend the meetings of the Board of Equalization 
of the City. 

Article 82. His Office Shall Preserve Records, Shall 
Keep Minutes of Meetings. — That he shall have his of- 
fice in such place as the city council may direct, and they 
may, by resolution, prescribe his office hours. He shall 


26 


CHARTER AND ORDINANCES. 


carefully preserve all records, contracts and documents 
filed with him, and have them so endorsed so that they 
can be easily found when wanted. When demanded he 
shall furnish all the information in his possession to any 
city officer, with regard to any matter of record. He 
shall carefully and correctly record the proceedings of 
each meeting of the city council, in the proper record, 
and shall see that all ordinances are recorded in the min- 
ute book and properly indexed, and that the same are 
published according to law, and that the publisher’s 
charges are in conformitv with his contract with the 
City. 

Article 83. Shall Keep Receipt of Records. — That 
when any record goes out of his office, he shall take a 
receipt for same. It shall be his duty to report to the 
city council any actual or probable deficiency, or any 
overplus in any special fund, or the fund for current ex- 
penses of the city, so that the same may be provided for; 
and he shall perform such other duties as the council 
may, by resolution or ordinance, require of him, and re- 
ceive such compensation as they may fix by resolution. 

CHAPTER X. 

STREET COMMISSIONER. 

Article 84. Appointed for Two Years. — That at the 
second council meeting after the city elections, there 
shall be appointed a street commissioner, who shall hold 
his office in accordance with the terms and provisions of 
the Charter of the City of Beaumont, subject to removal 
as in said Charter provided. 

Article 85. Duties. — The Street Commissioner shall 
perform such duties as may be required of him by any 
motion, resolution or ordinance, passed by the city coun- 
cil, and when any work is specified to be done by resolu- 
tion or motion of the city council, said street commission- 
er shall perform said work. He shall be under the direct 
control and subject to the orders of the Mayor in matters 
relating to the repairing, cleaning and improving of the 
streets, gutters, crossings and bridges within the city, 


CITY OF BEAUMONT. 


27 


but he shall be in no case allowed to incur expenses, em- 
ploy labor, or make contracts for the city, without writ- 
ten authority from the Mayor, and nothing in this Chap- 
ter contained shall prevent the Mayor or city council 
from directing anyone else to perform any or all of the 
duties prescribed for the street commissioner, and noth- 
ing herein contained shall prevent the city council or 
Mayor from directing said street commissioner to per- 
form other duties than those mentioned in this chapter. 

Article 86. Shall Keep a Time Book. — The street 
commissioner shall keep a time book, in which shall be 
entered the names, the residence, the amount of work 
done, and the wages paid such employees under his 
charge, and he shall make a full report of the same to the 
Mayor and council on the first meeting of the city council 
of each month. 

Article 87. Police Authority of Street Commission- 
er. — The street commissioner shall have and exercise 
all the powers vested by the ordinances of said city of 
Beaumont in the chief of police, relative to the arrest of 
persons guilty of violating any of the ordinances of said 
city relating to streets and bridges, and it shall be his 
duty to arrest all persons known or believed by him to 
be guilty of violating any of the provisions of said or- 
dinances. 

Article 88. Must Take Oath and Give Bond. — Be- 
fore entering upon the discharge of his duties, the said 
Street Commissioner shall take the oath of office pre- 
scribed by the State Constitution, and shall execute a 
bond in the sum of One Thousand Dollars, with two or 
more sureties, to be aproved by the Mayor, conditioned 
that he will faithfully and honestly discharge his duties 
as street commissioner. 

Article 89. Failure to comply with this chapter 
shall be ground for removal of the street commissioner. 

CHAPTER XI. 

CITY ENGINEER. 

Article 90. Qualification, Bond and Oath of City 


28 


CHARTER AND ORDINANCES. 


Engineer. — The City Engineer shall be a professional civ- 
il engineer. He shall, before entering upon the duties 
of his office, execute a bond, payable to the City of Beau- 
mont, with two or more good and sufficient sureties in the 
sum of Two Thousand Dollars, to be approved by the 
council, conditioned that said engineer shall faithfully, 
correctly and efficiently discharge the duties of his of- 
fice during the term of his incumbency, and in case of 
damage to any person through error, incompetency, neg- 
ligence or fraud on his part, that he shall pay the party 
all damages resulting therefrom. He shall also take 
and subscribe to an oath of office, to well and truly, and 
to the best of his skill and ability, discharge and perform 
the duties of his office. 

Article 91. Established Monuments. — It shall be the 
duty of the City Engineer to ascertain the established 
monuments of the city survey, and from thence to ex- 
tend the survey of the city, and from thence to locate, 
establish and survey all private property and streets 
when called upon or required so to do. 

Article 92. Engineer to Keep Record. — It shall be 
the duty of the City Engineer to procure for his office 
and use as property of the city, and at the expense there- 
of, suitable books, to be used for the record and illustra- 
tions by suitable drawings of all city work done by him 
pertaining to grades, streets, sidewalks, sewers, drains, 
ditches and all public work. Also for recording all pri- 
vate surveys. He shall have full control and custody of, 
and be responsible for, all property pertaining to the of- 
fice of City Engineer, and shall receipt for them by in- 
ventory and return them to the Mayor, or his successor, 
on leaving office. 

Article 93. To Make Surveys.— Whenever called up- 
on by any owner, agent or lessee of any property within 
the city to survey limits or boundaries, said engineer 
shall, as soon as practicable, proceed to make the re- 
quired survey, measuring from the nearest established 
monument or initial point. Said City Engineer shall al- 
so establish such other monuments or initial points at 


CITY OF BEAUMONT. 


29 


the intersection of such streets as may be deemed neces- 
sary, to remain as permanent monuments for future ref- 
erence and guidance, and make a full and complete re- 
cord of the same in the books of his office. Said mojiu- 
ments or initial points so established shall not be altered 
or disturbed by any person or persons, under a penalty 
of not less than fifty dollars. 

Article 94. Subdivision of Property. — All property 
to be subdivided into lots, blocks and streets within the 
City of Beaumont shall hereafter be laid out under the 
direction of the city council, or subject to its approval, 
and no other provisions will be recognized by the city 

Article 95. Regulating the Laying Out, Subdivision 
and Platting of Land Into Lots, Blocks and Streets, With- 
in the City of Beaumont. — It shall be unlawful for any 
owner, or the agent for any owner, to lay out, subdivide, 
or plat any land into lots, blocks and streets, within the 
City of Beaumont, Jefferson County, Texas, or to sell 
property therein and thereby, which has not been laid 
off, subdivided and platted to conform to the lots, blocks 
and streets abutting the same, and which plat and sub- 
division has not been approved by the City Engineer of 
the City of Beaumont, and the dedication of the streets 
therein contained, accepted by the City Council of the 
City of Beaumont, and a correct map of the same filed 
in the office of City Engineer of the City of Beaumont. 

Article 96. Restricting the Officers or Employees 
of City. — It shall be unlawful for any officer or employee 
of the City of Beaumont to do, or cause to be done, any 
work upon any street in addition or subdivision to said 
City of Beaumont, laid off, platted, or subdivided since 
the passage of this and preceding article, unless all the 
requirements have been complied with by the owner of 
said addition or subdivision. 

Article 97. Penalty. — Any person violating any pro- 
vision of this and the pereceding articles shall, upon con- 
viction, be fined in any sum not less than twenty-five 
dollars, nor more than two hundred dollars, for each 
week’s failure to obtain the approval of the City Engi- 


30 


CHARTER' AND ORDINANCES. 


neer of said subdivision or plat, and the acceptance of 
the dedication of the sereets therein by the City Council 
of the City of Beaumont, shall constitute a separate of 
fense. 

Article 98. To Flush Gutters. — The supervision and 
control of the flushing of all streets and gutters of the 
City of Beaumont is hereby given to the City Engineer of 
the City of Beaumont, and all necessary authority there- 
for is hereby delegated to said engineer, provided, that 
the number of employees to perform said labor is to be 
fixed by the Mayor and the Finance Committee of the 
City Council of said city. 

Article 99. Fees for City Engineer.— The City En 
gineer is hereby authorized to charge for all work per- 
formed for private parties as follows, viz: For survey of 
one lot, two dollars and fifty cents ($2.50) ; for survey of 
two lots adjoining each other five dollars ($5.00) ; for 
survey of all lots over five, one dollar and twenty-five 
cents ($1.25) additional; for survey of an entire block, 
with subdivisions, when owned by one person, seven dol- 
lars and fifty cents. 

Article 100. Fees to be Paid to the City Assessor 
and Collector. — The fees provided for in the preceding 
article shall be paid to the City Assessor and Collector 
in advance, by the person, company or corporation de- 
siring the survey, and said City Assessor and Collector 
shall thereupon issue to said persons, firm or corporation 
a recipt therefor, showing therein the lot or lots, block 
or blocks, for which survey fees have been paid. 
Upon notice from the Assessor and Collector of the City 
Engineer that the fees have been paid, he shall proceed 
to make said survey and issue a survey certificate as 
soon as practicable thereafter, and thereupon the appli- 
cant shall surrender to the City Engineer the receipt for 
fees issued bv the Assessor and Collector. 

Article 101. Blank Forms. — Blank forms will be pre 
pared by the City Secretary for the use of the City En- 
gineer and City Assessor and Collector, with which to 
comply with the provisions of this Chapter. 


CITY OF BEAUMONT. 


31 


Article 102. Shall Run Levels. — The City Engineer 
shall run a sufficient set of levels on every street, and 
project said levels on a proper paper of uniform scale, 
with the view of establishment of the proper grades and 
drainage o£ the city. In running the lines of levels as 
above, the Engineer shall establish bench marks at con- 
venient distances, checking upon the same until they 
agree. 

Article 103. Shall Attend Meetings and Report to 
Council. — It shall be the duty of the City Engineer to at- 
tend the regular meetings of the City Council, and he shall 
report from time to time the condition and progress of 
any public works under his supervision and control, and 
also make suitable reports from time to time when spe- 
cialy directed or requried by the City Council. He shall 
make an annual report, setting forth the amount of work 
performed during the municipal year, the kind or char- 
acter and cost of said work, and generally give a clear, 
concise and businesslike statement of the entire oper- 
ations of his office during said municipal year, commenc- 
ing and ending on the first day of April of each year. 

Article 104. City Engineer Shall Fix Property 
Lines. — It shall he the duty of the City Engineer, when 
any person desiring to construct any improvement shall 
make application for a permit to make such improve- 
ment, to make a correct survey of the property, and to 
fix the lot and block lines of the same and furnish to such 
applicant a certificate of such survey, which certificate 
shall be presented to the Mayor for his approval, and 
the fee as fixed above shall be charged for such survey. 

Article 105. No Existing Lines to be Changed, Ex- 
cept. — In no case shall the existing lines be changed or 
altered, except upon survey by the City Engineer. This 
and the preceding article intend only to refer to that 
portion of the lot or block that fronts on the street or 
streets, and the front lines only to be established by the 
City Engineer. \ 

Article 106. Map and Profile for Right of Way.— 
No right of way over any of the streets within this city 


32 


CHARTER AND ORDINANCES. 


shall be granted to any railway unless a map and profile 
of the grades along the streets named shall accompany 
the application and ordinance; and it shall be the duty 
of the City Engineer to inspect any and all such maps 
and profiles, and report the result of his investigation 
as soon thereafter as possible to the City Council, and no 
right of way shall be granted until such examination 
shall be made and reported upon, in order to better pro- 
tect the rights of property owners along the several 
streets; provided, that there shall be no costs attached to 
the city. 

Article 107. No Tracks Shall be Laid Without Per- 
mits. — No steam railway company shall lay down ad- 
ditional tracks within the limit of the city without a 
special permit from the City Council being first had and 
obtained. It shall be the duty of the City Engineer to 
examine and report , on such application as to the ad- 
visability of granting said special permit. 

Article 108. City Engineer to Report Improvement 
to Assessor and Collector. — Upon the granting of a per- 
mit, the City Engineer shall immediately furnish the City 
Assessor an abstract thereof, showing location (giving 
lot and block) of the improvement, and the estimated 
cost. 

Article 109. Penalty for Improvement Without Per- 
mit. — Any person who shall make, or cause to be made, 
any such improvement, building alteration or repairing, 
without having obtained such permit, shall, on conviction, 
be fined in a sum not less than twenty-five nor more than 
one hundred dollars. 

CHAPTER XII. 

HEALTH OFFICER. 

Article 110. Health Officer — His Appointment. — 

There shall be appointed by the City Council at the time 
and manner provided in Section (8) of the Charter, a 
City Health Officer, who shall hold his office for the 
term of two years from the date of his appointment, and 
until his successor is appointed and qualified. 


CITY OF BEAUMONT. 


33 


Article 111. Shall be Physician in Good Standing. — 
Has Charge of Pest House and Diseased Persons. — The 

Health Officer shall be a physician in good standing. He 
shall take charge of the city pest house, and all persons 
afflicted with pestilential diseases within the city limits. 

Article 112. Drainage and Sewerage. — He shall 
keep careful watch upon the drainage and sewerage 
system of the city and promptly report to the City Coun- 
cil any needful changes, for the promotion and mainte- 
nance of the public health. 

Article 113. Sanitary Matters. — He shall recom- 
mend to the City Council such changes in a hygienic 
point of view as he may deem proper, and generally per- 
form on order of the Mayor or City Council, such services 
for the sanitary benefit of the City as its condition may 
require. 

Article 114. Reports of Births and Deaths to Health 
Officer. — Every Practicing physician within this city 
is hereby required, whenever a patient under his care 
dies, to furnish to the City Health Officer a certificate 
of such death and the cause thereof, such certificate to 
conform to the requirements prescribed by state laws 
or by the board of public health of this State. Every 
physician or midwife attending at the birth of a child, 
shall furnish to the City Health Officer a certificate of 
such birth, showing the sex of such child, and such other 
information as is required by State Laws or by the Board 
of Public Health of this State. 

Article 115. Health Officer shall report Sanitary 
Conditions, Births and Deaths, and Keep Birth and Death 
Record. — The City Health Oifficer shall make a full re- 
port to the City Council, once each month, concerning 
sanitary condition of the city, with a statement of all 
births and deaths occuring within the city since the date 
of his last report; the report of such births to give the 
sex of the child, the color, residence and occupation of 
the parents and their names. The death reports herein 
provided for shall state near as possible the age, sex, 
color, residence and place of birth and the occupation of 


34 


CHARTER AND ORDINANCES 


the deceased and whether married or single, if known. 
And whenever any person dies without the care of a 
physician, the City Health Officer shall report and re- 
cord such fact, and state as near as possible the same 
data required for other death reports herein. He shall 
also conform all such reports to all requirements made by 
State laws and by the Board of Public Health of this 
State, and shall record the same, and all birth and death 
reports coming to him, or of which he gains information, 
in well bound books to be kept for such purpose, which 
books and records shall be permanent and public records 
of this city, such records to show the same data and in- 
formation as is required for reports of such births and 
deaths. 

Article 116. Pest Houses and Pestilential Diseases, 
Convicts. — The Health Officer shall take charge of the 
City Pest House and all persons afflicted with pestilental 
disease, and shall give proper medical treatment to all 
city convicts. 

Article 117. May Have Patients Removed to Pest 
House. — The Health Officer with the aproval of the May- 
or shall have the power, should he deem it necessary for 
the public health of the city, to cause any person who 
may be infected with or known to have been exposed to 
contagion from any disease of a pestilental, contagious 
or infectious character, to be removed to the pest house 
of the city, and in case of resistance, it shall be his duty 
to call upon the Chief of Police, who shall use such force 
as shall or may be necessary to effect such removel, when 
so directed. 

Article 118. Fumigation and Disinfection. — It shall 
be the duty of the Health Officer, and he is hereby espe- 
cially empowered, in cases of pestilential, contagious or 
infectious diseases in the city, to cause the houses and 
premises so infected, as well as the houses and premises 
of all persons who or which may have been exposed to any 
such disease, or into whose houses or premises he, the said 
Health Officer has reason to believe such disease has been 
carried, or may have been transmitted, either by expo- 


CITY OF BEAUMONT. 


35 


sure, contact, visitation, or otherwise, to thoroughly 
clean, disinfect and fumigate any and all of said houses 
and premises, and to burn and destroy all bedding and 
clothes, and other movable property which may be in- 
fected with the grems of any of such diseases; in which 
event he shall report his action, together with a list of 
the articles so destroyed, to the Mayor who shall replace 
the same at the cost of the City. 

Article 119. Citizens to Obey Orders of Health Of- 
ficer. — It shall be the duty of all persons infected with, 
or exposed to, any disease of a pestilential, contagious or 
infectious character, or who from exposure or otherwise 
to contagion from such disease, may be liable to endanger 
others who may come in contact with them or persons 
whose houses or premises may have been exposed to such 
disease, to strictly observe all commands, orders and in- 
junctions that may be given them by the City Health 
Officer, or those acting under his authority. 

Article 120. Penalty. — Any person violating any of 
the provisions of the foregoing ten articles, or of inter- 
fering with the duties of the Health Officer, or of refus- 
ing or failing to obey his orders, commands or injunc- 
tions, shall be deemed guilty of a misdemanor, and on 
conviction thereof shall be fined not to exceed One Hun- 
dred Dollars. 

Article 121. Physicians to Report Diseases. — It 

shall be the duty of every practicing physician in the city 
to report to the Health Officer immediately, any sus- 
picious case in his practice, of any infectious or conta- 
gious disease, and shall at the time of his discovery there- 
of, notify all occupants of the house wherein said dis- 
ease may be located, to refrain from leaving said prem- 
ises, or permitting others to visit said premises until the 
Health Officer shall have taken charge of said case, and 
properly disposed of same; and any physician or other 
persons violating any of the provisions of this Article, 
shall, upon conviction therefor, be fined not to exceed 
One Hundred Dollars. 

Article 122. Citizens Shall Report Diseases and Re- 


36 


CHARTER AND ORDINANCES. 


frain from Visiting, When, etc., — In case of contagious 
or infectious diseases in the City, it shall be the duty of 
every person, where they have no attending physician, to 
immediately notify the City Health Officer of any case, 
or suspicious case, of any such disease in his family, or 
any person occupying such house or premises, or per- 
mitting his neighbors or others to visit said premises, 
without the permission of the City Health Officer, and 
anyone violating any of the provisions of this Article shall 
upon conviction therefor, be fined not to exceed One Hun- 
dred Dollars. 

Article 123. Patients Shall Not Leave Pest House 
Without Permission. — Whenever the City pest house 
shall be occupied by any patient afflicted with any com 
tagious or infectious disease, or by anyone placed there 
who may have been exposed to such contagious or infec- 
tious disease, it shall be unlawful for any such person to 
leave said pest house, or for anyone not confined therein 
to visit said pest house without the permission of the 
City Health Officer, and it shall be the duty of all guards 
who may be on duty guarding such pest house or any 
private residence where any of said diseases may be lo- 
cated, or where persons may be, who have been exposed 
thereto, to arrest without warrant any person leaving or 
visiting said pest house or said private residence without 
the permission of the City Health Officer, and anyone 
violating any of the provisions of this Article, shall upon 
conviction therefor, be fined not to exceed One Hundred 
Dollars. 

Article 124. Health Officer Shall Abate Nuisances. 
— Penalty. — Whenever it shall come to the knowledge of 
the Health Officer, by personal observation or informa- 
tion, that there is carried on any business, trade or occu- 
pation that is or may become a nuisance, affecting or li- 
able to affect the persons residing or pursuing any oc- 
cupation in the neighborhood, it shall be his duty to give 
notice to the persons creating such nuisance, or to the 
owner or occupant of the premises, to abate the same, 
and if such nuisance be not abated within forty-eight (48) 
hours after such notice has been given, the persons to 


CITY OF BEAUMONT. 


37 


whom it has been given, shall be fined not to exceed 
twenty-five dollars for each day such nuisance is per- 
mitted to remain after such notice. 

Article 125. Council May Adopt Health Measures. — 

The City Council shall have the power to adopt such 
measures as they may, from time to time, deem necessary 
for the proper protection of promotion of the health of 
the city and the enforcement of such sanitary rules as will 
secure its proper hygienic government. 

Article 126. Health Officer to Keep Posted. — It 

shall be the duty of the Health Officer to keep himself 
informed as far as possible of the appearance of any pesti- 
lential, infectious or contagious disease at any port or 
place which may endanger the sanitary health conditions 
of the city, and report the same to the City Council for 
such action as may be deemed advisable. 

Article 127 Council May Decalre Quarantine, 
When. — The City Council shall have the power to de- 
clare quarantine against any place infected with any pes- 
tilential, contagious or infectious disease, and upon de- 
claring quarantine against infected place, the City Health 
Officer shall give public notice of the fact, and shall, 
with the Mayor, have general executive power in all mat- 
ters pertaining to said quarantine, and apoint officers 
and guards, and prescribe rule§ and regulations for their 
conduct as such. 

Article 128. Hotels, etc. Shall Report, When. — All 

hotel, boarding house and lodging house keepers, whether 
public or private, must give immediate information to 
the Health Officer in all cases of contagious, pestilential 
or infectious diseases which may occur on their premises 
and no patient afflicted with any such disease shall be 
removed from one place to another without the permis- 
sion of the Health Officer, who must report all such cases 
to the City Council. Any person violating the provisions 
of this Article shall upon conviction, be fined not less 
than ten or more than fifty dollars. 

Article 129. Penalty. — Any person who shall fail or 


38 


CHARTER AND ORDINANCES. 


refuse to obey the orders of the City Health Officer re- 
specting the removal of a nuisance, or cleaning his prem- 
ises after due notice by the Health Officer and sufficient 
time allowed to remove such nuisance or clean said prem- 
ises, shall on conviction, be fined not exceeding Twenty- 
five Dollars, which penalty shall only apply where not 
otherwise or elsewhere specially provided for such vio- 
lations. 

Article 130. Property to be Kept Clear and Clean. — 

Any and all persons owning or controlling pieces, par- 
cels, lots, blocks or tracts of land within the territory of 
the limits of this City, shall keep said property and prem- 
ises clear of all weeds, trash, filth, etc., and they shall 
not permit weeds and grass to grow and flourish thereon 
but shall, keep the same cut short to the surface of the 
ground, and in a neat condition. Any person violating 
the provisions of this Article shall be fined in any sum 
not to exceed Fifty Dollars. 

Article 131. Grass and Weeds, Taxing of Property 
with Cost of Cleaning, etc. — Permitting or allowing weeds 
and grass or either to grow and floruish upon lots, par- 
cels or blocks of land within this city, whether the same 
be vacant or occupied, being detrimental and dangerous 
to the health of the city, is hereby declared a nuisance, 
and it is hereby made the duty of the owner, agent, ten- 
ant, occupant or lessee thereof, to keep said property 
and premises free of such weeds and grass, by cutting the 
same to the earth’s surface and keeping same so cut. 

In order to affect the abatement and removal of such 
weeds and grass or either, it is hereby made the duty of 
the Health Officer, whenever the condition of the weeds 
or grass on any of such premises or parts thereof is such 
in his opinion as to be detrimental to the public health, 
to cause the Health Inspector or other proper officer to 
notify and order the owner, agent, occupant, tenant or 
lessee thereof, to abate and remove the same, by cutting 
the same flush with the earth’s surface and burning or 
removing same after being so cut. 

If the person who has been so served with such no- 


CITY OF BEAUMONT. 


39 


tice shall fail within the time indicated (which shall not 
exceed five days) in the notice to comply with such order 
of the Health Officer or fail to show any good cause why 
he cannot or ought not comply therewith, he shall be 
deemed guilty of a misdemeanor and upon conviction shall 
fined not less than ten nor more than One Hundred Dol- 
lars, with an additional fine of not less than five or more 
than twenty-five dollars for each and every day that the 
person or persons thus convicted, shall, after conviction, 
or after the expiration of the time so allowed in such no- 
tice, fail or refuse to abate, or use due diligence in the 
work of abating such weeds or grass nuisance. If such 
service cannot be made on the person of such owner, 
agent, tenant, occupant or lessee of such premises upon 
which such nuisance may exist for the reason that such 
owner, agent, tenant, occupant or lessee cannot be found 
in the city (of which fact the return of such notice shown 
by the officer returning same, shall be conclusive evi- 
dence) then such notice shall be published in the newspa- 
per in this city doing the city printing for the period of 
five days, and if after the expiration of said five days, 
the said weed and grass nuisance is not abated and re- 
moved, then the City Council may order same removed 
under the supervision of the City Health Inspector, and 
keep said premises free and clear of such weeds and grass 
nuisance, as long as the owner, agent, tenant, occupant 
or lessee neglects, fails or refuses so to do. 

The City Council, for the purpose of acquiring re- 
liable information of the probable cost of removing and , 
abating said nuisance shall cause the City ealth In- 
spector to make an estimate of the cost of abating and 
removing such weeds and grass and keeping same re- 
moved for the current year or during such portion of the 
year as such weeds and grass will likely grow and flour- 
ish, and said Health Inspector shall make report of said 
probable cost and shall report a full list of all lots or 
premises upon which such weeds and grass is located, to- 
gether with the name of the owner, agent, tenant, occu- 
pant or lessee, if known, and such other information as 
the Council may require. If there be any lot or premises, 


40 


CHARTER AND ORDINANCES. 


the owner of which is not known to said inspector, the 
same shall be entered on said lists as unknown, and the 
said Inspector shall enter upon said lists, opposite each 
name or lot the estimated cost of such work during such 
period. Upon the acceptance of such lists and estimate 
by the Council and the ordering of such work, said 
amounts so ordered by the Council as necessary to abate 
and remove said nuisance shall be imposed, levied and as- 
sessed by the City Council on said lots and premises re- 
spectively, and shall be collected by the collector of said 
city as taxes, and shall be and constitute a lien upon said 
premises until paid. Said assessment shall bear interest 
from the date of such work until paid at the rate of six 
per cent per annum, and the City Council may cause suit 
to be brought and recovery had therefore in the name of 
the City in any court of competent jurisdiction, and the 
report of the cost of said work by the City Health In- 
spector, together with the proceedings of the City Coun- 
cil, in making said levy and assessemnt, or a copy there- 
of, shall be satisfactory evidence for the recovery of a 
personal judgment against the person properly charge- 
able therewith, and for foreclosure of tthe lien herein 
provided for. 

Article 132. Preventing Keeping Certain Number of 
Stock in Residence Sections. — The use of Lots or Blocks 
of land in the City, within the residence sections thereof, 
for keeping, feeding, herding or maintaining live stock 
of any kind, exceeding three in number, being likely to 
produce bad odors and to affect the comfort or health of 
the people, is hereby prohibited, and any person or per- 
sons who shall violate the provisions of this Article shall, 
upon conviction, be punished by a fine of not less than 
ten nor more than twenty-five dollars, and each day such 
live stock is kept, or such premises so used, shall consti- 
tute a separate offense. 

Article 133. Empowering Health Officer to Declare, 
Remove and Abate Nuisances. — -The City Health Oifficer 
is hereby empowered and it is hereby made his duty to 
abate and cause to be abated, all nuisances which may 
or might impair or affect the health or comfort of the 


CITY OF BEAUMONT. 


41 


community or any individual in this city or of snch com- 
munity, and to do all acts and to make regulations which 
may be necessary or expedient, in his opinion, for the 
promotion of health or the prevention or suppression of 
disease. The City Health Officer is further empowered 
and required, whenever any premises, lots or blocks or 
parts thereof, in this city, whether the same he occupied 
or not, and whether vacant or not, is in such condition as 
in his opinion to he detrimental to public health or likely 
to become so, or to seriously affect the comfort of the 
community, to officially declare the same a nuisance, and 
to issue such orders and notices and make such rules and 
regulations regarding such nuisance as in his opinion 
the public health or sanitary conditions may require, anu 
all persons are required to strictly observe and obey sucn 
orders, notices, rules or regulations of such Health Of- 
ficer. 

In order to abate nuisances and remove filth, etc., 
the City Health Officer shall have the power, whenever 
in his opinion any premises, lots or blocks, whether oc- 
cupied or not, and whether vacant or not, are in such 
condition, either from accumulation of substances there- 
on or from any other cause as is, or likely to, become, de- 
trimental to public health, after being officially so de- 
clared by him, to notify in writing, through ihe proper 
officer, the owner, agent, occupant, tenant or lessee there- 
of, to abate and, remove the same, either by filling up, 
draining, cleansing, purifying or removing the same, as 
the case may be. 

Article 134. Penalty. — Any person or persons who 
may violate, resist or fail to comply with, any order, no- 
tice, rule or regulation issued by the City Health Officer, 
shall be fined not less than ten nor more than one hun- 
dred dollars. 

SANITARY DISPOSAL OF SEWERAGE, GARBAGE 
AND OFFAL. 

Article 135. Health Officer Shall Examine, etc. — 

The City Health Officer shall examine into all garbage, 
offal disposal, nuisances detrimental to public health, 


42 


CHARTER AND ORDINANCES. 


sources of filth and causes of sickness within the City 
and the owner or occupant shall cause such to be remov- 
ed, destroyed or prevented as the case may require. And 
it shall be unlawful for any person within this city to 
allow any garbage, offal or any substance detrimental to 
public health to accumulate or to remain on the premises 
owned, occupied or controlled by him. 

Article 136. Dumping Grounds. — Certain grounds 
shall be selected by the Mayor and City Council and des- 
ignated as dumping grounds for the emptying and final 
disposal of garbage, offal, night soil, carcasses of dead 
animals and refuse of all kinds, which place shall be so 
situated as to cause as little nuisance as possible, and it 
shall be the duty of the scavenger or other persons to haul 
said refuse to said grounds, and the local health author- 
ity shall see that such places are kept in as sanitary con- 
dition as possible at all times. 

Article 137. Disposal of Livery Stable Dropping*, 

etc. — It shall be the duty of every owner or proprietor of 
every livery stable to construct a water tight box or bin 
of sufficient size to hold not more than one wagon load 
of manure, in which all offal or droppings of animals 
shall be kept, and the contents of said box must be carted 
off once a week, or oftener, when filled, or whenever it 
becomes a nuisance. 

Article 138. Refuse Shall Not Drain Into Weils, Cis- 
terns, etc. — No person shall throw or deposit any garbage, 
offal, night-soil, dead carcasses of animals or Tilth into 
or where same would drain into any public or private 
well, cistern or other water supply. 

Article 139. Pens for Stock. — All cattle, horses or 
hog pens, stables or enclosures in which any cattle, horse 
or hog may be kept or confined, shall be so drained, and 
all offal so removed, as to create no offensive odor or 
smell. 

Article 140. Privy Regulations. — No person owning 
or occupying any premises shall knowingly construct or 
keep or allow to be kept on their premisese any privy, 
the contents whereof are exposed to view, or can be seen 


CITY OF BEAUMONT. 


43 


from any street or other public place, or allow the con- 
tents to become offensive or unsanitary, or discharge the 
contents of a privy or watercloset into any street, alley, 
public thoroughfare, or other public place, or upon the 
premises of any other person. 

Article 141. Shall Connect With Sewer, When.-- 

All owners or occupants of premises in this city having 
privies or box closets on such premises must, if within 
300 feet of any public sewer, make permanent sanitary 
connection with the same. Where no sewer system ex- 
ists and privies or box closets are used, they are required 
to have under each such privy or box closet a barrel, box 
or other water tight receptacle overground in which lime, 
ashes, pulverized dust, or some of the approved disin- 
fectant solutions shall be used in such manner as not to 
create a nuisance; said box or other receptacle shall bfc 
emptied when full, or at any time when its condition shall 
become unsanitary; no pit or cess pool shall be allowed 
to form; and such box closet shall have hinged lids of 
wood, or wire gauze doors, so contrived as to prevent the 
ingress or egress of flies or other disease breeding in- 
sects. 

Article 142. Waste and Stagnant Water to be 

Drained. — All occupants or owners of property shall keep 
same thoroughly drained so that no waste or stagnant 
water will be allowed to collect thereon. 

INTERMENT AND DISINTERMENT OF THE DEAD. 

Article 143. Burial of Bodies Dead of Cholera, etc. 
— Burial of bodies dead of Asiatic cholera, plague, small- 
pox or typus fever shall take place as early as possible, 
and in no instance later than eighteen hours after death. 
The transportation of such bodies except by hearse or un- 
dertaker’s wagon is positively forbidden and no public 
funeral shall be allowed. 

Article 144. Opening of Graves, Vaults and Tombs, 
When. — The sextons of the various cemeteries in this 
City shall have authority upon application of the proper 
owners or heirs of the tombs, vaults and graves, to open 
same. But no tombs, vaults and graves shall be opened 


44 


CHARTER AND ORDINANCES. 


before one year for an adult and six months for a child, 
where human bodies were interred, unless by special per- 
mission from the Health Officer, provided that no tomb, 
vault or grave shall be opened by any sexton, where 
death has resulted from any contagious disease, until two 
years shall have elapsed from the date of such death and 
burial. 

Article 145. Disinterring or Removing Human Bo- 
dies. — A sexton or other person desirous of disinterring 
or removing the body of a human being from one 
cemetery to another cemetery or to another part of the 
same cemetery, or from receiving vault, or tomb else- 
where, shall first obtain a written permit from the City 
Health Officer and such permit shall state specifically 
where such body is to be buried or entombed and the 
manner of its removal. 

SLAUGHTER ^HOUSES. 

Article 146. Shall Have Abundant Supply of Wa- 
ter from a well or other source which is not contaminated, 
tants of this city must have an abundant supply of wa- 
ter from a well or other sourc which is not contaminated. 
This water must be supplied with adequate pressure 
through a hose to all parts of the room or rooms used 
for the purpose of slaughtering or preparing meats for 
consumption as human food. 

Article 147. Must Have Water Tight Floors, etc. — 

All such slaughter houses must have water tight floors 
and water must be carried 100 feet away from, the slaugh- 
ter house. The floor must be thoroughly washed each 
day after the slaughtering is completed and the effluvia 
shall not be allowed to drain underneath the building or 
collect in pools nearby, nor shall such effluvia be con- 
ducted into any stream or pond or allowed to contaminate 
any well whose waters are used in connection with the 
slaughter house, or that may be used for domestic pur- 
poses. 

Article 148. Cleaning Walls, etc. — The walls and all 
exposed surfaces on the inside of a slaughter house must 


CITY OF BEAUMONT. 


45 


be cleaned by washing or scraping as often as necessary 
in order to keep the premises in proper sanitary con- 
dition. If the walls are not painted, they mnst be calci- 
mined or white-washed at least every thjee months. 
Painted walls mnst be repainted at least once a year. 

Article 149. Rooms Must be Properly Screened. — 

All rooms where animals are killed or where meat is 
handled or displayed or kept for any length of time mnst 
be completely screened, at all doors, windows, ana other 
openings and properly protected from flies. 

Article 150. Old Floors, Tables, etc. to be Replaced. 

— Where floors or other parts of a building or tables or 
other parts of the equipment are so old or in such a con- 
dition that they cannot readily be made sanitary, they 
shall be removed and replaced by suitable materials, or 
otherwise put in a condition acceptable to the local health 
authority. 

Article 151. Equipment and Tools to be Cleaned 
Daily. — All trucks, trays and other receptacles, all chutes, 
platforms, racks, tables, etc., and all knives, saws, cleav- 
ers, and all other tools and all utensils and machinery 
used in moving, handling, cutting, chopping, mixing, 
canning, or other process shall be thoroughly cleaned 
daily, if used. 

Article 152. Materials for Aprons, Overalls, etc. 
and Cleaning. — The aprons, overalls, or other outer cloth- 
ing of employees who handle meat in contact with such 
clothing, shall be of material that is readily cleansed and 
made sanitary, and shall be cleansed daily, if used. All 
persons who handle meats or meat food products shall 
be required to keep their hands clean. 

Article 153. Removal of Offal. — All offal and refuse 
must be removed from the slaughter house on the day 
of slaughtering and disposed of in a sanitary manner. 

Article 154. Coolers and Ice Boxes for Meats. — 

Slaughter houses shall be provided with a cooler or ice 
box for the proper cooling and chilling of meats, where 
the carcasses are to remain in the slaughter house for a 


46 


CHARTER AND ORDINANCES. 


greater length of time than twelve hours, into which the 
carcasses shall be placed directly after being slaughtered, 
and kept until removed from the premises. Cooling and 
storage rooms for the meats must be properly venti- 
lated. 

Article 155. Keeping of Pens. — All Pens and en- 
closures connected with any slaughter house must be 
kept in a sanitary condition, and no hogs or other animals 
shall be kept in 100 feet of any slaughter house. 

Article 156. Slaughtering Done in Regular Places, 
Except. — No slaughtering shall be done in barns, sheds, 
shipping pens or other buildings not designed or suitable 
for the slaughtering of animals and the handling, dres- 
sing and cooling of meats; nor shall any slaughtering be 
done outside of any building except in rural districts and 
for private consumption. 

Article 157. Inspector of Animals— The City 
Health Officer or a duly apointed inspector, shall be an 
inspector of animals and meat supplies intended for hu- 
man consumption within his jurisdiction, and he may in- 
spect meat intended for food after it is taken to the mar- 
ket. 


Article 158. Shall Not Sell Meats Until Inspected, 
When. — Whenever provision for the inspection of meats 
is provided for by the appointment of a regular meat in- 
spector, no person or persons shall sell or offer for sale, 
in this city any meat intended for human consumption, 
whether slaughtered within such district or elsewhere, 
unless the same has first been inspected and approved by 
such duly appointed and commissioned inspector. 

MEAT CARTS. 

Article 159. Must be Protected from Flies and 
Washed. — Carts or vehicles in which meats or meat food 
products or fish are transported, peddled or delivered, 
shall be so constructed as to protect the meat from con- 
tamination by flies, dust or other extraneous matter; 


CITY OF BEAUMONT. 


47 


must be washed daily and maintained in a sanitary and 
cleanly condition. 

Article 160. Meats Must be Wrapped When Trans- 
ported. — Meats, whether entire carcasses, quarters or 
cuts thereof, shall not be conveyed through the streets 
by team or otherwise, unless properly wrapped or other- 
wise protected from contamination, and such covering 
shall be kept clean and sanitary. 

MARKETS. 

Article 161. Screening, Flooring, Disposing of Re- 
fuse, Exposing Meats. — Meat markets, fish markets and 
butcher shops or stalls shall be completely screened 
against flies, the floors shall be thoroughly scrubbed 
once each day, and scraps of meat, offal, bones, and other 
refuse organic matter shall be kept in a closed receptacle, 
which must be emptied once daily ; the meat for sale must 
not be kept exposed to the air except in such quantities 
as are needed for immediate use, but shall be kept in ad- 
equate refrigerators or ice chests; all tainted meat shall 
be removed from the premises at once, and fixtures, 
rooms and premises must be maintained in a thoroughly 
sanitary condition. 

Article 162. Rooms Must be Properly Ventilated 
and Free from Odors. — Must be Provided With Cuspi- 
dors and Running Water. — The rooms or compartments 
in which meats or meat food products are prepared, cured, 
stored, packed or otherwise handled shall be properly 
lighted and ventilated and shall be so located that odors 
from toilet rooms or catch basins, tank rooms, hide cel- 
lars, etc., do not permeate them. All rooms or compart- 
ments shall be provided with cuspidors which employees 
who expectorate shall be required to use. Where meat 
food products are prepared in a market, i.e., sausage, 
lard, pickled pork, beef, etc., a separate room properly 
ventilated, lighted and supplied with running water shall 
be provided for this purpose exclusively, with the ex- 
ception that sausage may be ground in the market proper, 
if under suitable conditions. 


48 


CHARTER AND ORDINANCES. 


Article 163. Unwholesome Meats not to be Sold. — No 

person shall sell or offer for sale any part of any animal 
carcass slaughtered when not in good health, nor any de- 
caying or unwholesome animal matter, nor any article in 
which there has been used to any extent whatever any 
meat described, with the intent that the same may be 
used as human food. 

CARE AND MANAGEMENT OF DAIRIES AND SALE 
OF MILK. 

Article 164. Character of Buildings. — No building 
shall be used for stabling cows for dairy purposes which 
is not properly constructed, well lighted, ventilated and 
provided with a floor that can be readily cleaned and 
drained. 

Article 165. No Water Closet, etc. Allowed in Build- 
ings. — No water closet, privy, cess pool, urinal, inhabited 
room or workshop, shall be located within any building 
shed or room which is used for stabling cows for dairy 
purposes, or for the storage of milk or cream, nor shall 
any hog, horse, sheep, goat or other animal be kept in 
any room used for such purpose. 

Article 166. Spaces for Cows. — No space in build- 
ings or sheds used for stabling cows shall be less than 
four hundred (400) cubic feet for each cow, and the stalls 
thereof shall not be less than four feet in width. 

Article 167. Stalls, etc., to be Kept Thoroughly 
Clean, etc. — All rooms and stables in which cows are kept 
for dairy purposes shall at all times be thoroughly clean 
and in good repair, and shall be painted at least once each 
two years or white washed at least once each year. 

Article 168. Removal of Manure, etc. — All manure 
shall be removed from the room or stable in which cows 
are kept for dairy purposes at least once each day and 
shall not be stored where odors from the same will be 
noticeable at the stable. 

Article 169. Shall Wash Udders Thoroughly. — Ev- 


CITY OF BEAUMONT. 


49 


ery person keeping cows for the production of milk for 
sale shall cause the udders of each, cow to be thoroughly 
washed and cleaned before each milking and be properly 
fed and watered. 

Article 170. Drinking Water Receptacles to be Pro- 
vided. — Every person using any premises for keeping 
cows shall cause the yard in connection therewith to be 
provided with a proper receptacle for drinking water for 
such cows, and none but fresh, clean, pure water shall 
be stored in such receptacle. 

Article 171. Grading and Draining Enclosures, etc. 

— Any enclosure in which cows are kept shall be graded 
and drained so as to keep the surface reasonably dry and 
to prevent the accumulation of water therein and no gar- 
bage, urine, foecal matter or similar substances shall be 
placed or allowed to remain in such enclosure. 

Article 172. Pails, Cans and Receptacles for Milk. — 

Every person keeping cows for dairy purposes shall pro- 
vide and use a sufficient number of pails, cans or other 
receptacles, made of glass, stoneware, glazed metal, or 
No. 1 tin, for the reception of, storage and delivery of 
milk, and shall cause all milk as soon as drawn from the 
cows to be removed from the room in which the cows are 
kept to a separate milk room. 

Article 173. Milk Room. — The milk room shall be 
thoroughly screened with not coarser than 14 wire mesh 
and thoroughly protected against flies, kept scrupulously 
clean and free from dust, shall not be used as a living 
or sleeping room and shall be separate from tne barn or 
stable in which cows are kept. It shall be supplied with 
pure water and suitable facilities for straining, cooling 
and storing milk, and washing and sterilizing all uten- 
sils and apparatus in which milk is received, stored and 
delivered. 

Article 174. Cans, etc. to be Sterilized Daily. — All 

cans, measures, bottles and other receptacles of any sort 
used in the sale or handling of milk shall be sterilized 
(scalded with boiling water or live steam) daily. 


50 


CHARTER AND ORDINANCES. 


Article 175. Straining and Keeping Milk. — All milk 
shall be strained through cloth, or wire cloth strainers, 
and if kept in milk room longer than three hours shall be 
stored in a covered cooler or refrigerator. 

Article 176. Milk Cans to be Covered. — All milk 
cans delivered to creameries or dealers in cities shall be 
covered with air-tight lids, and when conveyed in open 
wagons shall be covered with canvas while being so con- 
veyed, and said canvas shall be cleansed by frequent 
washing. 

Article 177. Shall Notify Health Officer of Disease. 

— Every person engaged in the production, storage, trans- 
portation, sale, delivery or distribution of milk, imme- 
diately on the occurance of any case of infectious dis- 
ease either in himself or his family, or amongst his em- 
ployees or their immediate associates, or within the build- 
ing or premises where milk is stored, sold or distributed, 
shall notify the local health officer. 

Article 178. Persons Diseased or Exposed Shall Not 
Milk Cows. — No person having an infectious disease, or 
having recently been in contact with a person having an 
infectious disease, shall milk or handle cows, measures, 
or other vessels used for milk intended for sale, until all 
danger of communicating such disease to other persons 
shall have passed. 

Article 179. Bottles, etc. Not to be Removed from 
Premises Where There is Infectious Disease. — No bottle, 
can or receptacle used for the reception or storage of 
milk shall be removed from a private house, apartment 
or tenement wherein a person has an infectious disease, 
without the approval of the local health officer. 

EXAMINATION OF CATTLE FOR TUBERCULOSIS. 

Article 180. Examination of Cattle. — All owners of 
dairy herds suulying milk or milk products must with- 
in ninety days from the passage of this Act, have each 
and every animal in such herd carefully examined with 
the tuberculin test by or under the supervision of the lo- 


CITY OF BEAUMONT. 


51 


cal health officer, for tuberculosis, and all animals found 
suffering with the disease shall be branded “T. B.” on 
left shoulder in letters not less than 4 inches in height, 
and shall be eliminated from the herd and isolated or 
killed. 

Article 181. Report of Disease by Veterinary Sur- 
geons. — Every veterinary surgeon, or other person, hav- 
ing knowledge of any animal used for dairy purposes 
being infected, or suspected of infection, with tubercu- 
losis, shall report the same to the local health authority 
within twenty-four hours after the time of his first know- 
ledge of the nature of such disease. 

Article 182. Siezing and Killing Diseased Animals. 

— In the event that such animal suffering from tubercu- 
losis be condemned and thought best by the local health 
authority that the same be slaughtered, it shall be the 
duty of the County Judge (or Mayor as the case may 
be) to issue his order to the proper officer commanding 
him to sieze said diseased animal or animals, and take 
same to some secluded place and kill them and bury 
or burn the carcass. 

Article 183. Reacting Animals. — The reacting an- 
imals that show no physical evidence of the disease, after 
being branded and isolated may be kept for breeding 
purposes. 

Article 184. Off-spring from Infected Cows. — The 

off-spring from the infected cows must be promptly re- 
moved from their dams and must be fed on milk from 
non-reacting cows or the Pasteurized (heated to a tem- 
perature of 165 F.) milk from the reacting ones. 

Article 185. Isolated Cattle Slaughtered, When. — 

If any of the branded and isolated cattle give evidence 
of eniarged glands or emaciation or other evidence of 
the disease advancing, they must be slaughtered. 

Article 186. Examinations Every Six Months.-*- 

The non-reacting animals must be examined and listed 
at least twice a year at intervals of six months, and if 


52 CHARTER AND ORDINANCES. 

any of same react, they must be branded and placed with 
the isolated ones. 

Article 187. Calves from Reacting Cows.— The 

calves which are raised from the reacting cows, if they 
do not react to tuberculin, may be placed with the sound 
herd. 

Article 188. Killing Infected Cattle for Beef, When. 

The branded and isolated cattle may be fattened and 
killed under proper inspction for beef, providing the 
evidence is clear that the disease is localized. 

SANITATION AND DISINFECTION OF PUBLIC 
BUILDINGS. 

Article 189. Sanitation and Disinfection of Public 
Buildings. — Every public building must: 

(a) Be properly lighted and well ventilated. 

(b) Where drinking water is furnished it must be 
pure and wholesome. 

(c) The sweeping must be performed daily when 
in use and if possible at a time when the building is free 
from occupants and must be done in such a way that 
clouds of dust will not arise by the use of either the 
pneumatic vacuum process or by sprinkling sufficient 
sawdust, wet paper or other wet material to allay the 
dust; said material to be dampened with a two per cent 
absolute formaldehyde or disinfectant approved by the 
State Board of Health. 

(d) No feather dusting or dry dusting shall be 
practiced (except the pneumatic vacuum process), but 
a cloth wet with a 2 per cent solution of absolute formal- 
dehyde or other approved disinfectant must be used at 
least once daily or as often as occupied. 

(e) Burlap, coco, Japanese or Chinese matting, or 
other absorbent covering shall not be used on the floors 
of assembly halls, dining rooms, halls or stairways. 

(f) Spitting on the floors or steps of any public 
building is hereby prohibited. 


CITY OF BEAUMONT. 


53 


(g) Wide mouthed cuspidors containing at least 
four ounces of 2 per cent formaldehyde or other approved 
disinfectant shall be provided in all public buildings ex- 
cept places of public worship, in sufficient number for the 
convenience of the public. They must be cleansed thor- 
oughly every day. 

(h) Urinals and water closets must be provided for 
all public buildings when completed and opened for use; 
they must be readily accessible, kept in proper sanitary 
condition, and if within 300 feet of any public sewer must 
make permanent sanitary connections with the same 
Where no sewer system exists and privies or box closets 
are used they are required to have under each such privy 
or box closet a barrel, box or other water-tight receptacle 
overground in which lime, ashes, pulverized dust or some 
one of the approved disinfectant solutions shall be used, 
in such manner as not to create a nuisance; said box or 
other receptacle shall be emptied when full or at any time 
when its condition shall become unsanitary; no pit or 
cesspool shall be allowed to form; and such box closet 
shall have hinged lids of wood, or wire gauze doors so 
contrived as to prevent the ingress or egress of flies or 
other disease breeding insects. 

Provided, that in public buildings not now having 
urinals and water closets as above required, they shall be 
provided with same within ninety days from the passage 
of this Act. 

(i) No janitor, elevator tender, porter or other em- 
ployee suffering from any contagious disease reportable 
under the provisions of the Sanitary Code for Texas, if 
in a communicable stage, shall be employed in any public 
building in this city. 

(j) Hotels, restaurants, boarding houses, eating or 
lunch stand, lodging houses, hospitals, sanitoria, together 
with their halls, galleries, staircases and passages, shall 
be scrubbed at least twice a week with soap and water, 
to which shall be added sufficient quantity of formalde- 
hyde or approved disinfectant to make a 2 per cent so- 
lution. 


54 


CHARTER AND ORDINANCES. 


(k) Public buildings enumerated in the preceding 
section must have all sleeping apartments, dining rooms 
or other rooms where food is either prepared or eaten, 
screened with wire mesh gauze not coarser than 16 mesh, 
so as to effectively prevent the entrance of mosquitoes, 
flies and other disease breeding insects. 

(l) The site of all public buildings must be thor- 
oughly drained and no waste or stagnant water allowed 
to collect. 

(m) Hotels, boarding houses, restaurants, eating 
houses and lunch stands, in addition to the preceding 
requirements, must have: 

(n) Every ice box or refrigerator scoured with 
boiling water, and aired at least once a week and oftener, 
if necessary, to keep clean and sweet. Ice must be washed 
before being put into the boxes or receptacles and must 
be handled with tongs. 

(o) The walls and floors of all kitchens kept in 
proper repair, and other precautions taken to prevent 
rats from infecting kitchens, store-rooms, pantries and 
places where provisions are kept. 

(p) Every restaurant, boarding house, hotel or oth- 
er eating house shall provide a suitable covered recepta- 
cle for solid and liquid garbage and refuse, and said re- 
ceptacle must be emptied and its contents removed from 
the premises at least once daily, and must provide also 
sufficient and adequate grease traps (if sewers be used) 
to secure proper and sanitary removal of said waste 
grease to prevent the escape of said grease into the sew- 
er, gutter or street. 

(q) All public buildings shall be thoroughly disin- 
fected under the supervision of the local health authority 
with formaldehyde or other approved disinfectant when- 
ever any dangerous communicable disease is discovered 
therein. 


STANDARD DISINFECTANTS. 

Article 190. Standard Disinfectants. — The follow- 


CITY OF BEAUMONT. 


55 


ing shall be the standards prescribed and fixed for all 
disinfectants used in the prevention and control of con- 
tagious diseases, or used under the requirements of this 
code: 

Standard Disinfectant No. 1 . — Five per cent car- 
bolic acid solution. 

Standard Disinfectant No. 2. — One-tenth of one per 

cent (1-1000) solution of bichloride of mercury. 

Standard Disinfectant No. 3. — Four per cent solu- 
tion of chloride of lime. 

Standard Disinfectant No. 4. — Those coal-tar disin- 
fectants approved by the State Board of Health after 
thorough bacteriological tests have been made and are 
recommended for use in certain strength solutions. 

Standards for Aerial Disinfection. — (a) Formalde- 
hyde gas generated by the formaline-permangenate meth- 
od, using 6 3-4 ounces of permangenate of potassium and 
one pint of formaldehyde solution (U. S. P.) to each 
1,000 cubic feet of room space. 

Article 191. Penalty. — Any person who shall wil- 
fully violate any of the provisions of the foregoing rules 
and regulations embraced in the foregoing fifty-six (56) 
Articles shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined in any sum not less 
than Five Dollars and not more than Two Hundred Dol- 
lars. 

INSPECTION OF MILK, MEATS, VEGETABLES AND 
OTHER FOOD PRODUCTS. 

Article 192. Health Officer Shall Inspect. — It shall 
be the duty of the City Health Officer to inspect or cause 
to be inspected milk, meats, vegetables and other food 
products as hereinafter provided. 

He shall actively inspect or cause to be inspected 
all milk or food products kept or exposed for sale in this 
city and embraced in the purview of this and the follow- 


56 


CHARTER AND ORDINANCES. 


ing articles under this heading and for this purpose he 
and the employees of his department shall have the right 
to inspect any animal in the city, provided it be of a 
kind commonly used for food, and to enter upon any 
premises for said purpose, and shall be allowed access 
to all storehouses, stands, stalls, refrigerators, boxes, wa- 
gons and other places where such things may be found, 
or where they are usually kept for sale, or where they 
may be advertised as kept for sale; and no person shall 
interfere with or obstruct such Health Officer or his 
employees or the officers in his department in such 
inspections, nor in their efforts to effect the same. 

Article 193. Prohibiting Selling, etc. Damaged 

Fruit, etc. — No person shall bring into this City or have 
in his possession, with intent to sell, any decayed or dam- 
aged fruit, vegetables or animal substance. 

Article 194. Prohibiting Selling, etc. Unsound 

Meats, etc.— No person shall expose or offer for sale or 
sell in this City, any blown, meager, diseased or bad meat, 
poultry or game or unsound diseased or unwholesome 
fish, fruit, vegetables or other market produce. 

Article 195. Prohibiting Selling Diseased Anima 1 
or Flesh. — No person shall bring within this City, or offei 
or expose for sale, or sell therein any sick or diseased an- 
imal or the flesh of any animal which, when killed was 
sick or diseased, or that died a natural or accidental 
death, provided such animal be an animal commonly 
used for food purposes. 

Article 196. Inspector to Condemn Unwholesome 
Foods. — Whenever the Health Officer or an inspector or 
other employee of the Health Officer shall find any meat, 
fish, fruit, vegetables, or any other food product, that is 
blown, meager, diseased, bad, decayed, damaged, un- 
sound, unwholesome, or otherwise unfit for consumption, 
as provided in the foregoing an dsubsequent Articles 
under this heading, that he shall have the right and au- 
thority to condemn the same as unfit for consumption, 
and it shall be the duty of such Health Officer or In- 


CITY OF BEAUMONT. 


57 


spector or other employee of the Health Department to 
so condemn the same and to order such food product re- 
moved from the city, or to destroy it, or ti so saturate 
it with some chemical so that it cannot be offered for 
sale again, as in his judgment he may deem best, and 
that any Health Officer or Inspector, or other employee 
of the Health Department, who shall violate this Article 
shall be punished by a fine of not less than five dollars 
and not more than twenty-five dollars for each and ev- 
ery offense. 

Article 197. Food Products Divested of Parts Not 
Used for Food. — No person shall bring into this City or 
have in his possession with intent to sell, any vegetables 
or fruit, except green peas or beans in pods and green 
corn in the inner husks, which have not been previously 
divested of all parts not commonly used for food, and no 
person shall have such parts in his possession, in any 
market place, nor in any cart or vehicle used for the sale 
of vegetables or other articles of food; provided, how- 
ever, that this article shall not be construed to apply to 
such parts of vegetables or fruits as are necessary for 
their preservation. 

Article 198. Sale and Offering for Sale. — Any ar- 
ticle or animal exhibited or offered for sale in any mar- 
ket or elsewhere, as though it was intended for sale, shall 
be deemed offered and exposed for sale within the the in- 
tent and meaning of the Articles under this heading. 

Article 199. Prohibiting Sale of Milk Without Per- 
mit. — No milk producer or milk vendor shall, either him- 
self or through his agents, servants or employees, offer 
or expose for sale or deliver for sale, use or consumption, 
within this city, any milk, without first having obtained 
from the Health Officer a permit so to do, as hereafter 
provided. 

Article 200. Permits for Selling Milk Secured, How. 

— To procure such a permit, the applicant shall present 
to said Health Officer his written application, and shall 
state therein the name and business and residence ad- 
dress of the applicant or applicants, the source or sources 


58 


CHARTER AND ORDINANCES. 


from which said applicant or applicants obtain or will 
obtain supplies of milk, the number of cows in the pos- 
session of applicant, the average quantity disposed of by 
said applicant, and the manner and character of such 
disposition, such application to be made to the said 
Health Officer upon writen blanks to be provided by the 
Health Officer for such purpose. Such application shall 
further state the specific brand or business name, if any, 
under which said milk is to be sold, exchanged or dis- 
tributed. 

If the Health Officer, upon such application, shall 
determine the statements made therein are true, and that 
the applicant does not propose selling or offering or ex- 
posing for sale or delivering or distributing any unwhole- 
some milk as food for any human being, it shall be the 
duty of the Health Officer to issue, without cost to said 
applicant, a permit to bring in to sell, expose or offer for 
sale, exchange, deliver or disribute milk within the city 
of Beaumont, and all such written statements required 
as aforesaid shall be registered in a register to be pro- 
vided by the said Health Officer and kept for that pur- 
pose. 

Article 201. Permit for Each Place of Sale. — Not 
Transferrable. — One such permit shall be required of 
each place of general sale or storage of milk. Such per- 
mits shall be issued only in the name of the owners of 
the supply of milk thus on storage or for sale, *nd shall 
for the purposes hereof, be conclusive evidence of such 
ownership. No such permits shall be sold or assigned 
or transferred. Such permits shall be subject at all times 
to revocation by said Health Officer in his discretion, up- 
on sufficient cause therefor shown; provided, however, 
that no such permit shall be revoked, until after a hearing 
given by said Health Officer in the matter of revocation 
of such permit after five (5) days notice in writing has 
been served on the owner of such permit, stating the 
ground for complaint and time and place of hearing. 

— Article 202. Holders of Permits Shall Register. — 

At least once each year every person or persons, firm or 


CITY OF BEAUMONT. 


59 


corporation, holding such permit shall register with the 
said Health Officer his or their name and permit number 
and shall make a written statement to said Health Officer 
containing all information required to be given by appli- 
cants for permits in their written applications for per- 
mits, as hereinbefore provided; and all applications for 
permits, and all such written statements required as afore- 
said shall be registered in a register to be provided 
by the Health Officer and kept for that purpose. 

Article 203. Permit Number to be Exhibited on Wa- 
gons, Cans, etc. — No person, persons, firm or corporation 
shall sell or expose for sale or exchange or deliver or dis- 
tribute within the limits of this City, milk from any wa- 
gon or vehicle, unless such wagon or vehicle shall have 
exposed on both sides thereof the permit number of the 
person or persons, firm or corporation selling or offering 
or exposing for sale, or distributing or delivering or ex- 
changing milk. Such permit number shall be painted 
on such wagon or vehicle in numbers not less than three 
inches in height, in what is known as Arabic numerals, 
and shall be placed on said wagon or vehicle under the 
direction and according to the requirements of the Health 
Officer, and in case milk is sold from cans or vessels 
(carried by human beings or on horseback) then permit 
number of the person or persons, firm or corporation so 
selling or offering for sale, delivery or exchange, such 
milk, shall be placed in a conspicious place on such can 
or vessel immediately below the opening thereof, so as to 
be plainly apparent on superficial inspection; or if such 
milk is sold or exposed, or offered for sale, delivery, ex- 
change or distribution, such number shall be placed in a 
conspicuous place on such can or vessel immediately be- 
low the opening thereof, so as to be plainly apparent on 
superficial inspection; or if such milk is sold or ex- 
posed or offered for sale, delivery, distribution or ex- 
change within a store or house, or the sidewalk of any 
street in this city, then such permit number shall also be 
constantly exposed in some conspicious manner at the 
place where such milk is so sold or kept, so as to be plain- 
ly apparent. 


60 


CHARTER AND ORDINANCES. 


Article 204. Prohibiting Selling, etc. — Impure or 
Unwholesome or Adulterated Milk. — It shall be unlawful 
for any person or persons, firm or corporation, by them- 
selves or by their agents, servants or employees, in this 
city, to render or manufacture, sell, offer for sale, ex- 
change, deliver, distribute or have in his or its possession, 
with intent to sell, expose or offer for sale or exchange, or 
distribute for human consumption, any impure, adulter- 
ated, unhealthy or unwholesome milk. 

Article 205. Definitions of Adulterated, Impure, 
Unhealthy and Unwholesome Milk Requirements. — The 

terms adulterated, impure, unhealthy and unwholesome, 
applied to milk or dairy products, and as used herein 
mean: 

(a) Milk containing less than twelve (12) per cent 
um of milk solids. 

(b) Milk containing more than eighty-tight (88) 
per centum of water fluids. 

(c) Milk containing less than three and one-fifth 
(3 1-5) per centum of fats. 

(d) Milk drawn from cows within fifteeen days be- 
fore or within five days after parturition. 

(e) Milk drawn from cows fed on any unhealthy 
or unwholesome food. 

(f) Milk drawn from cows kept in an unhealthy or 
unsanitary condition, or from cows affected with any 
form of disease, or from cows which are supplied with 
water which is impure or unwholesome. 

(g) Milk from which any part of the- cream has 
been removed. 

(h) Milk which has been diluted with water or 
with any other fluid, or to which has been added or into 
which has been introduced any foreign substances what- 
ever. 

(i) Milk drawn from cows, or by milkers that are 
themselves in a condition of filth or uncleanliness. 


CITY OF BEAUMONT. 


61 


(j) Any milk which is shown by analysis to con- 
tain any substance of substances of any character what- 
soever not natural or normal constituents of milk, or to 
have been deprived either wholly or in part of any con- 
stituent naturally or normally contained in milk. 

(k) Milk containing more than 250,000 bacteria to 
the CC in the Summer, more than 200,000 to the CC in 
the Winter. 

Article 206. No Garbage, etc. to be Carried in Wa- 
gon. — It shall be unlawful for any person or persons, 
firm or corporation, to have or carry on any wagon or 
vehicle upon or from which milk or cream is being 
brought, carried, stored, deposited, sold, exchanged, de- 
livered, distributed or offered or exposed for sale or dis- 
tribution as food for any human being, any swill, gar- 
bage, refuse, or any decaying or fermenting, putrifying, 
foul, unwholesome, noxious or filthy matter, or any can 
receptacle containing any material or substance with 
which cream or milk might be diluted, adulterated or 
rendered impure, unwholesome or unhealthy. 

Article 207. Health Officer May Enter Premises, 
etc. — In order to carry out the purpose of the provisions 
of this heading or subject the Health Officer, his officers, 
agents and employees, shall have the right at any and 
all times to enter upon or into the premises of any pro- 
ducer or vendor or distributor of milk authorized under 
the provisions hereof, and any refusal upon the part of 
such producer, vendor or distributor to allow such entry 
ancr such inspection as may be required and directed by 
the Health Officer, may be punished by the revocation of 
the permit of such producer, distributor or vendor by the 
said Health Officer. 

Article 208, Health Officer Shrill Examine Dairies. 

— It shall be the duty of the Health Officer to cause the 
dairies and other establishmens from which milk brought 
into the city is obtained, to be inspected from time to 
time to satisfy such Health Officer that the provisions and 
requirements hereof are constantly complied with. 


62 


CHARTER AND ORDINANCES. 


Article 209. Health Officer Shall Have Access to 
Wagons, Milk, etc. — May Take Samples, How. — The 

Health Officer, his officers, agents and employees shall 
have the right, and it shall be his duty, to enter and have 
full access, egress and ingress to all places where milk 
is stored or kept for sale, and to all wagons, carriages 
or other vehicles, railroad cars, steamboats or convey- 
ances of every kind used for the conveyance or trans- 
portation or delivery of milk, for the purposes of con- 
sumption, in this city. 

The Health Officer and his agents and employees 
shall have the right at any time to take a sample of milk 
from any person, persons or concerns selling or exposing 
for sale or exchanging or delivering milk in this city, not 
exceeding, however, one quart thereof, such sample to be 
taken and sealed in full view and in the presence of the 
person from whom said sample is taken, and shall then 
and there furnish to the person from whom such milk is 
taken one half of such sample, hemetically sealed, and 
shall retain the sample so taken hermetically sealed. Such 
sample shall have written thereon the number of the 
dealer’s permit, and the date of the obtainment of the 
sample, and the name of the person by whom it is taken, 
and a memorandum thereof shall be made by the person 
obtaining such sample in a book kept for that purpose in 
the office of the Health Officer showing the name of 
the owner or driver from whom and the date the same 
was taken, and the number of the dealer’s permit. 

Article 210. Shall Report to Health Officer, When. 

— It shall be the duty of the owner, agent or manager 
of any dairy in this city or of any dairy from which milk 
is brought into this City, to forthwith report to said 
Health Officer, in writing, anything of which he has 
knowledge or notice tending to render milk obtained 
from such dairy unwholesome, impure or unhealthy. 

Article 211. Shall Not Interfere With Health Offi- 
cer. — It shall be unlawful for any person or persons, 
firm or corporation to obstruct or interfere with said 
Health Officer or any officer, agent or employee of said 


CITY OF BEAUMONT. 


63 


Health Officer, in the performance of any of the duties 
herein prescribed. 

Article 212. Does Not Prevent Sale of Condensed 
Milk, When. — Nothing herein contained shall be con- 
strued to prevent or prohibit the use, sale or manufacture 
of what is known as condensed milk or what is known 
as buttermilk or what is known as sour milk, provided 
the same are made, compounded or prepared from pure, 
clean, fresh wholesome and unadulterated milk within 
the meaning of the Articles under this heading, and are 
in sound and wholesome condition; and provided also, 
that in the case of condensed milk, the proportion of 
milk solids shall be equivalent to twelve (12) per centum 
of milk solids in crude milk, and that of such solids 
twenty-six and one-half (26 1-2) per centum shall be 
fat. 


Article 213. Sale of “Skimmed Milk. “—Milk from 
which cream has been removed may be sold from cans 
bearing the label “Skimmed Milk” in Roman letters two 
(2) inches high. 

Article 214. Shall Offer Milk for Inspection. — It 

shall be the duty of the owner or consignee of milk 
brought into the City, by land, over any railroad leading 
into the city, to cause the same to be tendered and exposed 
for inspection according to the requirements of said 
Health Officer, provided that said milk shall not be de- 
tained for inspection for a longer time than one hour. 

Article 215. Penalty. — Any person who shall vio- 
late any of the provisions of the foregoing twenty-three 
(23) Articles shall be deemed guily of a misdemeanor, 
and upon conviction thereof, shall be punished by fine 
of not less than twenty-five dollars, nor more than two 
hundred dollars. 

Article 216. Health Officer Includes, What. — The 

term Health Officer, whenever used in the foregoing 24 
Articles, with reference to inspections, shall be held also 
to include the inspectors, employees, and agents of the 


64 


CHARTER AND ORDINANCES. 


Health Department of this City, and they shall have 
the same power with regard to inspections as the Health 
Officer. 


CHAPTER XIII. 

CITY SANITARY COMMISSIONER. 

Article 217. Creation of Office of. — The office of Ci- 
ty Sanitary Commissioner is hereby created and the May- 
or shall appoint a suitable person to act as City Sanitary 
Commissioner, which appointment shall be confirmed by 
the City Council. The said Sanitary Commissioner shall 
hold his office for a period of time to be determined 
by the City Council, and he shatfl be subject to suspen- 
sion by the Mayor and can be finally removed or dis- 
charged by the City Council. 

Article 218. Sanitary Commissioner Under Mayor. 

The City Sanitary Commissioner shall be under the gen- 
eral control and direction of the Mayor; he shall before 
entering on his duties, give bond in the sum of Five Hun- 
dred Dollars payable to the City of Beaumont, condi- 
tioned that he will faithfully discharge the duties of his 
office. 

Article 219. Shall Carry Off Slops, etc. — It shall 
be the duty of the City Saniary Commissioner whenever 
requested by any person after the tender of such fees 
as may be provided by the City Council to remove and 
carry out of the City, all slops and trash from the prem- 
ises of any of the inhabitants of the City, when the same 
is prepared for removal as hereinafter provided. 

Article 220. Definition of “Slops” and “Trash.” — 

The word “Slops” as used herein shall be taken to mean 
all refuse matter and articles whether vegetable or animal 
thrown out of or rejected from the kitchen or houses of the 
inhabitants of this City. The word “Trash” as used 
herein shall be taken to mean all sweepings, waste paper, 
hay, straw, tin cans, boots, shoes, tin or sheet iron, pieces 
of leather, pieces of old clothing, sacks and rubbish of 
any kind. 


CITY OF BEAUMONT. 


65 


Article 221. When Slops to be Removed. — That all 
slops shall be removed from hotels, regular boarding 
houses and restaurants, at least once in every forty-eight 
hours, and from other premises as often as may be nec- 
essary to insure the cleanliness and proper sanitary con- 
ditions of the premises. All trash shall be removed 
from business houses in the business portions of the 
City at least once in every twenty-four hours, and from 
all other premises as often as may be necessary to in- 
sure the cleanliness and the sanitary condition of the 
premises, provided, that it shall not be a violation of 
this Article if slops or trash are not removed through 
the neglect of the City Sanitary Commissioner after 
he has been requested to remove the same in the manner 
hereinafter provided. 

Article 222. Depositing of Slops and Trash. — All 

slops and trash shall be deposited in suitable vessels of 
iron or wood and kept in a convenient place, easy of 
access, upon the premises, but slops and trash shall be 
kept in separate receptacles, provided that nothing here- 
in shall be deeemed to repeal or change in any manner 
any ordinance of this City requiring the keeping and 
maintaining of galvanized iron or tin trash cans in cer- 
tain portions of this City, and that all of said Articles 
or ordinances shall be and remain in full force and ef- 
fect. 

Article 223. Sanitary Commissioner’s Office. — Re- 
quest for Service. — The City Sanitary Commissioner shall 
have and keep an office in the same building wherein 
the Mayor’s office may be situated, and any person or 
persons desiring the services of said Commissioner may 
obtain the same by leaving a writen request at the said 
Commissioner’s office, giving the name, street and num- 
ber, and depositing the fee of said Commissioner or by 
entering into a contract with said Commissioner as here- 
inafter provided. 

Article 224. Contracts with Sanitary Commissioner. 

— Any person or persons may enter into a contract with 
the City Sanitary Commissioner for the removal of slops 


66 


CHARTER AND ORDINANCES. 


and trash or either from the premises owned or occupied 
by them, at stated time, and on such terms as the parties 
may agree upon, provided that said contract shall not 
provide for fees greater than shall be allowed by the 
City Council; and if the said Sanitary Commissioner 
shall during the term of said contract, fail to visit said 
premises at the time stated in the contract for the re- 
moval of slops and trash or either, he shall be deemed 
guilty of a misdemeanor and punished as hereinafter 
provided. 

Article 225. Compensation of Commissioner. — Pen- 
alty for not Paying. — As compensation, the City Sani- 
tary Commissioner shall require and receive such sums 
as the City Council may by resolution determine, said 
compensation to in all cases be paid by the person or 
persons employing said Commissioner, and anyone em- 
ploying said Commissioner and failing o pay him for 
work done, shall be deemed guily of o misdemeanor, and 
and punished as hereinafter provided. 

Article 226. Penalty for Failure of Commissioner 

to Remove Slops. — If theSanitary Commissioner shall 
fail to remove and carry off any slops and trash or either 
within twenty-four hours after having been notified and 
requested to remove the same as herein provided, he 
shall be deemed guilty of a misdemeanor and liable to be 
fined as hereinafter provided. 

Article 227. Sanitary Commissioner to Inspect 
Premises and Report. — It shall be the duty of the City 
Sanitary Commissioner to carefully inspect the premises 
in this City and call attention of all occupants, tenants 
or owners to the condition of same, when in his judg- 
ment the said premises need cleaning, and for this pur- 
pose the said Commissioner is hereby given free access 
to all premises within the corporate limits of the City 
while in the discharge of his duty during the day time, 
and should any occupant, tenant or owner of premises 
within the corporate limits of this city refuse to permit 
the said cornmssioner to enter upon their premises for the 
purpose of inspecting the same, he shall be deemed guilty 


CITY OF BEAUMONT. 


67 


of a misdemeanor and fined as hereinafetr provided; 
and it is hereby made the duty of said Commissioner to 
Report to the Mayor the names of the occupants, tenants 
or owner of any premises in an unsanitary condition, 
said report to be in writing and delivered at the office 
of the Mayor and shall contain the names of the occu- 
pants, tenants or owners, as the case may be, and the 
street and number address. 

Article 228. No One but Commissioner to Remove 
Slops, etc. — No onebut the said Sanitary Commissioner, 
or the owner of slops and trash shall remove same from 
the premises. 

Article 229. Carts for Hauling Slops, etc. — The said 
Commissioner shall provide carts for hauling of slops, 
which carts shall be fitted up with a good and suitable 
tight box, the sides of which shall not be less than 24 
inches high and he tail-board 18 inches high, so that no 
portion of the said slops shall be scattered upon or thrown 
into the streets; said boxes shall be closely covered with 
sufficient covering or closely fitted so as to prevent the 
escape or flying about of any of the contents or effluvia 
thereof; and for the hauling of trash shall be provided 
carts or wagons so arranged as that the trash so hauled 
will not be scattered in or thrown upon the streets. 

Article 230. Penalty. — If the Sanitary Commission- 
er or any other person shall violate any of the provisions 
of the foregoing 13 Articles, he shall be deemed guilty 
of a misdemeanor and upon conviction thereof, shall be 
fined in any sum not less than One nor more than Twenty- 
five Dollars. 


CHAPTER XIV. 

HEALTH INSPECTOR. 

Article 231. Providing for Health Inspector, His 
Duties. — The Mayor shall have the power aftid he is here- 
by authorized to appoint a suitable person to act as City 
Health Inspector, who shall hold said office at the plea- 
sure of the Mayor, being subject to suspension or dis- 


68 


CHARTER AND ORDINANCES. 


charge at any time; he shall at all times be under the 
direction and control of the City Health Officer and the 
City Scavenger; he shall have the right from 6 o’clock 
A. M. to 6 P. M., and it shall be his duty to enter upon 
the premises and the outhouses of any and all persons 
in this City for the purpose of inspecting the same with 
reference to the sanitary condition of such premises and 
to order the removal of any nuisance or any substance 
likely to create a nuisance, or to be injurious to the pub- 
lic health. 

It shall be his duty to carefully inspect the water 
closets and privies and call the attention of the occupants 
and owners of such premises to the condition of same 
when in his judgment they need cleaning. He shall re- 
port in writing to the City Scavanger the premises where 
closets or privies need cleaning; whereupon it shall be 
the duty of the City Scavanger to notify the occupants 
and owners of said premises that he is ready to clean 
the same upon their paying him the prescribed fees 
for such work, and he shall also notify the City Sanitary 
Commissioner when there is an accumulation of trash 
or slop on any premises, whereupon the City Sanitary 
Commissioner shall notify the occupants and owners 
of the premises that he is ready to remove the trash and 
slops upon their payment to him of the proper fee. 

He shall generally assist the Health Officer in en- 
forcing the sanitary ordinances of this City and shall if 
required, make daily reports to the Health Officer of the 
sanitary conditions of all premises inspected by him, 
and he shall while on duty wear a badge with the words 
“City Health Inspector” inscribed thereon. 

Article 232. Compensation of Health Inspector. — 
Scavenger to Pay. — The CityHealth Inspector shall re- 
ceive as full conmpensation for his services, such sum 
as may be decided upon by the Mayor, which compen- 
sation shall be paid by the City Scavenger, and the City 
of Beaumont shall not be liable for any compensation to 
the City Health Inspector. 

Article 233. Penalty for Refusing Orders of. — Any 


CITY OF BEAUMONT. 


69 


person who shall refuse to obey the orders of the City 
Health Inspector respecting the removal of a nuisance 
or of any substance likely to become a nuisance or to af- 
fect the public health, or cleaning the premises, or any 
occupant or occupants or owners within this City who 
refuses to permit the City Health Inspector to enter 
upon their premises for the purpose of inspecting the 
same shall be deemed guilty of a misdemeanor and upon 
conviction shall be fined not to exceed one hundred dol- 
lars. 

CHAPTER XV. 

CITY SCAVENGER. 

Article 234. The Mayor shall, in the manner pro- 
vided by Section 8 of the Charter, appoint a suitable 
person to act as City Scavenger, who shall hold his of- 
fice for a period of two years unless removed by the 
City Council, and may be suspended for cause by the 
Mayor and finally discharged by the Council, at any time. 
The said Scavenger, as such, shall operate within a cer- 
tain area of said city, prescribed by the Mayor, wjth 
consent of the Council, and shall receive for his ser- 
vices such fees and compensation as may from time to 
time be fixed by the order of the City Council. 

Article 235. Shall be Under the Control of the May- 
or and Give Bond. — The City Scavenger shall be under 
the general control and direction of the Mayor. He shall 
give bond in the sum of Five Plundred Dollars, condi- 
tioned for the faithful and careful discharge of the du- 
ties of his office, and conditioned that he will strictly 
perform and carry out the terms of his contract with 
the said City, which contract he shall enter into with 
the Mayor before he begins the discharge of his duties. 

Article 236. Duty of Scavenger. — It shallbe the du- 
ty of the City Scavenger, under instructions from the 
Health Officer or Mayor, and in compliance with his con- 
tract, and whenever requested by any citizen after the 
tender of the fees hereinafter fixed by the City Council, 
to remove night soil from any private or public house 
or yard of the City of Beaumont, and to sprinkle lime or 


70 


CHARTER AND ORDINANCES. 


other disinfectants in and about the same; said night 
soil to be carried beyond the city limits and deposited 
and disinfected at some place at least one-half mile distant 
from the residence of any citizen, or make such other 
disposition thereof as the Council may require. It is 
further ordained that the City Scavenger shall care- 
fully inspect all the water closets and privies upon the 
premises in the more densely settled parts of town and 
call the attention of all occupants and owners of such 
premises to the condition of their said closets and privies 
when the same, in his judgment, needs cleansing, and 
offer to cleanse the same upon their paying him the 
prescribed fees for such work. For this reason said 
City Scavenger is hereby given free access to all premises 
within the corporate limits while in the discharge of 
his duties, and is hereby required, and it is made his 
special duty to report any person to the Mayor who fails 
and refuses to permit him to cleanse their said premises 
and necessary houses. 

Article 237. Parties Refusing Admittance Upon 
Their Premises of Scavenger. — Should any occupant of 
premises within this city refuse to permit the Scaven- 
ger to enter upon their said premises, as often as he 
may see fit, for the purpose of inspecting the same, or 
as often as may be necessary to cleanse the water closets 
and privies, shall be guilty of a misdemeanor, and fined 
as hereinafter prescribed. 

Article 238. Penalty. — Any person, or persons, with- 
in this City, failing or refusing to comply with any of 
the provisions and requirements contained in any of the 
articles within this chapter, shall be fined in any sum not 
exceeding One Hundred Dollars, and should the City 
Scavenger fail to comply herewith, in addition to such 
fine, he shall be discharged from the employment of 
said City as such. 

Article 239. Unlawful for Others to Remove Night 
Soil. — It shall be unlawful for any person other than the 
City Scavenger, or those in his employ, to engage in the 
removal of night soil in the city, and any person so of- 


CITY OF BEAUMONT. 


71 


fending shall be fined not less than One nor more than 
Fifty Dollars for each offense. 

Article 240. Removal Shall be Between the Hours 
of 8 O’clock p. m. and 4 O’clock a. m. — Penalties. — It shall 

be unlawful for the City Scavenger of the City of Beau- 
mont, or those in his employ to remove or carry away 
the contents of any privy, vault or water closet, or any 
receptacle of human excrement, at any time except dur- 
ing the hours embraced between 8 o’clock P. M. and 
4 o’clock A. M., provided, however, that in the removal 
of the contents of any privy, vault or water closet, or 
any receptacle for human exrement, the City Scavenger 
or those in his employ shall be required to use odorless, 
air-tight and sanitary barrels or boxes and proper dis- 
infectants, and for any violation of this Article by the 
City Scavenger or those in his employ, the City Scaven- 
ger shall be fined not less than One nor more than Fifty 
Dollars. 

Article 241. Fee for Work. — That said Scavenger 
shall be allowed to charge the following rates and no 
more : For each private residence the sum of forty cents 
for each cleaning, the same to be cleansed at least twice 
each month. 

For each hotel or boarding house the sum of One 
Dollar for each cleaning, the same to be cleansed at least 
twice each month ; provided however, that the City Coun- 
cil shall have the right by resolution or ordinance at any 
time to change the rate of charges, to be a larger or les- 
ser sum, and to increase or diminish the number of times 
each month that such work shall be done. 

Article 242. Penalty for Failure or Refusal to Pay 
Scavenger. — Any person who fails or refuses to pay the 
City Scavenger for the removal of night soil the rate 
fixed by ordinance or resolution of the City Council 
shall, upon conviction, be fined not less than One or more 
than One Hundred Dollars. 

Article 243. Duty of Scavenger to Notify Parties to 
Have Their Closets Cleansed, Penalties. — It shall be the 


72 


CHARTER AND ORDINANCES. 


duty of the City Scavenger whenever in his judgment 
it may be necessary, to notify parties whose closets and 
privies need cleaning, to have the same cleansed within 
a certain time, using his discretion as to the limit, and 
any person who fails or refuses to have same cleansed 
within twenty-four hours by the Scavenger, or those in 
his employ, after the expiration of the time given by the 
City Scavenger in his notice, shall be deemed guilty of 
committing a nuisance, and shall be fined not less than 
One Dollar, nor more than One Hundred Dollars, and 
each day that the closet or privy shall remain uncleaned 
after the expiration of the time specified in the notice 
within which to clean same shall be deemed a separate of- 
fense and is punishable a ssuch; said fines to be recovered 
upon a conviction before the Recorder of the City of Beau- 
mont. The above notice to clean may he given by the 
Health Officer or by the Health Inspector, acting for the 
City Scavenger, and it is sufficient either that the notice 
be left at the residence of the person whose closet is to he 
cleaned, or delivered to him or her in person or be made 
verbal. 

Article 244. Authority of Scavenger. — The City 

Scavenger in all matters pertaining to privies and water 
closets, shall have and exercise the same powers and du- 
ties as are, by the ordinance of said City, conferred upon 
the City Health Officer of the City, or the Health In- 
spector, and it shall he the duty of all persons to obey 
his orders or intsructions in reference therto in the same 
manner as though such orders or instructions were given 
by either of said officers; and any person failing or ne- 
glecting to do so, shall he liable to fine of not less than 
One nor more than Ten Dollars. 

CHAPTER XVI. 

CITY ELECTRICIAN. 

Article 245. Creating Office of. — Qualifications. — 

The office of City Electrician of the City of Beaumont is 
hereby created, such office shall be filled by appointment 
by the Mayor and confirmed by the City Council. The 


CITY OF BEAUMONT. 


73 


City Electrician shall receive as compensation for his 
services such sum as the City Council may from time to 
time designate, same may be increased during the tenure 
of his office but not diminished. 

The City Electrician shall be a person properly qual- 
ified for the duties of his office. 

Article 246. Bond of Electrician, Duties. — The City 
Electrician shall enter into bond payable to the Mayor 
of the City of Beaumont, and his successors in office, 
with two or more good and sufficient sureties or with 
some bond company as surety, in the sum of $1,000.00; 
said bond to be approved by the City Council, condi- 
tioned that said City Electrician shall pay the City of 
Beaumont all money collected, for its use and benefit as 
required by the ordinances of the City of Beaumont, and 
that he shall perform all duties of the office. It shall 
be the duty of the City Electrician to see that all the 
provisions of this ordinance are fully complied with and 
he shall have charge of the Fire Alarm System of the 
City of Beaumont, and shall keep such in the highest 
state of efficiency and whenever necessary he shall make 
complaint before the proper officer of any violation of 
this ordinance and he shall perform such other duties 
as the City Council may require, and he shall make suit- 
able reports each month to the City Council of all work 
inspected by him, amount collected and such other mat- 
ters connected with his office as the City Council may 
require. 

Article 247. Unlawful to Construct Poles or Other 
Apparatus Except Hereunder. — No person, firm or cor- 
poration shall hereafter erect or construct any pole, pier, 
abutment or any other necessary fixture, appurtenance, 
or appliance for electric light power, telephone or tele- 
graph purposes along or across any of the streets, alleys, 
avenues, highways or elsewhere within the City of Beau- 
mont for electric light or power, telephone or telegraph 
purposes, or shall hereafter maintain any such poles, 
piers, abutments, wires or other necessary fixtures, ap- 
purtenance, or appliance heretofore erected or construct- 


74 


CHARTER AND ORDINANCES. 


ed within the said City, except in accordance with the 
provisions of this ordinance. 

Article 248. Must Obtain Consent of Electrician. — 
No such person, firm, corporation or company as men- 
tioned in the preceding article hereof shall hereafter erect 
or construct any pole pier, abutment, wire or other fix- 
ture, appurtenance, or appliance such as mentioned 
in said article without first obtaining the consent of the 
City Electrician to do so. 

Article 249. Regulations for poles, etc. — All poles 
shall be erected and maintained in a perpindicular po- 
sition and shall be straight and free from bark and placed 
immediately within the curbing where the sidewalks are 
eight feet or upwards in width, and shall be placed in 
the curbing on a line with its outer surface where the 
sidewalks are less than eight feet in width. When the 
curbing is not laid, the outer line of the same shall be 
taken and eight inches within the outer line if the side- 
walks are eight feet in width. 

Each line of poles shall be run on one side of the 
street, alley or avenue only, except when absolutely nec- 
essary to change to the other side, but this may be done 
only by permission of the Fire Committee. Cross arms 
shall be of uniform length, strengthened by braces, and 
the cross arms of each company shall be branded or 
stamped with the initials of the company owning the 
same, and no wires shall be less than twenty feet from 
the curb in height, except trolley and service wires. 

Article 350. Forbidding Advertising Matter on 
Poles. — It shall be unlawful for any person, firm or cor- 
poration to place or allow to be placed any advertising 
cards or posters or other like material on any of their 
poles within the city limits, and any person, firm or cor- 
poration allowing the same to be done shall be guilty 
of an offense. 

Article 251. Regulations for Cross Wires. — When- 
ever it shall become necessary for any electric light or 
power company to carry its wires across the line of any 
fire alarm, telegraph, telephone or other electric light 


CITY OF BEAUMONT. 


75 


or power company, such wires shall be at a distance from 
the other wires, of not less than three (3) feet. No wires 
shall be allowed over the fire alarm and police telegraph 
wires, unless special permission is given in writing by 
the City Electrician. 

Article 252. No Wires Allowed Over or Under 
Sheds, etc., Except. — No wires of telegraph, telephone, 
electric railways, electric light or power company, shall 
be allowed under sheds, galleries or awnings without 
written notice to the City Electrician. 

Article 253. No Electrical Work Without Permit 
and Fees Paid. — No person, firm or corporation shall 
hereafter commence the construction, installation, repair 
or alteration of any electrical work, either outside or in- 
side of any building, or any wiring inside or outside 
any building, without first making application in writ- 
ing to the City Electrician for a permit for such construc- 
tion, installation, repair, alteration or wiring, and said 
application shall contain a description by street and num- 
ber, or by streets, lots or blocks, as may be necessary to 
locate the same, and shall be accompanied with the in- 
spection fees required to be paid. 

Article 254. Permit for Electrical Work Issued, 
When. — Upon making the application provided for in the 
preceding article, and the payment of the inspection fees, 
provided for in this ordinance, the City Electrician shall 
issue a permit for the construction, installation, repair 
or alteration of any electrical work, and shall carefully 
inspect such work previous to, during and after its com- 
pletion, and if the same shall prove to be constructed in 
accordance with all the rules and requirements of this 
ordinance governing the same, and upon the payment of 
any fees for additional inspection not embraced 
in the original application, the City Electrician 
shall issue a certificate approveing the same. 
The use of any electrical construction, such 
as provided for in this ordinance is hereby 
declared to be unlawful previous to the issuing a tempor- 
ary permit for the use of electric current during the 


76 


CHARTER AND ORDINANCES. 


course of the construction or alteration of a building 
when in his judgment it is safe to do so, but such tem- 
porary permit shall expire when such building is com- 
pleted. 

Article 255. National Electrical Code Shall Govern. 

— No electrical wiring or installation of electrical ap- 
naratus or appliances for furnishing lights, heat or power 
shall he introduced into or placed in any building or 
structure in the City of Beaumont except in compliance 
with the rules and regulations of the National Board of 
Fire Underwriters, known as the 4 ‘NATIONAL ELEC- 
TRICAL CODE” as adopted in 1909 and all amendments 
and changes or revisions made or that shall hereafter be 
made to said “National Electrical Code.” 

Article 256. Electrician to Keep Copy of Electrical 
Code. — The City Electrician shall keep on file in his 
office at the City Hall a copy of the “NATIONAL ELEC- 
TRICAL CODE,” the amendments, changes or revisions 
that may he made to same as provided in the above sec- 
tion and same shall he open to inspection by any person, 
firm or corporation. 

Article 257. City Electrician, His Powers and Du- 
ties. — The City Electrician shall have power, and it is 
his duty to inspect or reinspect all overhead, underground 
and interior wires and apparatus conducting electric 
current for any of the purposes set forth in this ordinance 
and when said conductors or apparatus are found to he 
unsafe to life or property, he shall notify the person, 
firm, company or corporation owning, using or operating 
same, to place the same in a safe condition within forty- 
eight hours, and it shall be their duty to do so. 

The City Electrician shall erect in the station of 
every electric light or power company, at the expense of 
said company, a suitable tapper, connecting with the 
fire alarm system of the City, hv which shall be indi- 
cated the location of all fires, and in the event of a Tire 
in any district in which any company has wires, said 
company shall forthwith send a man prepared to remove 


CITY OF BEAUMONT. 


77 


the wires, under the direction of the City Electrician or 
the Chief of the Fire Department. 

Article 258. Badges of Linemen and Lsmpmen. — 
Every lineman or lampman shall wear a badge in plain 
sight, indicating his number and the company by whom 
he is employed, and in case of fire, this badge shall serve 
as a pass to admit the wearer inside the fire limits. 

Article 259. City May Adopt Other Rules. — Noth- 
ing contained in this chapter shall be construed as to 
in any manner affect the right of the City in the future 
to prescribe any other mode of conducting wires over or 
under its thoroughfares. 

Article 260. Application for Electrical Permits. — 

Any person or persons, corporations or associations de- 
siring to place along or across any of the streets, alleys 
or public places of the City of Beaumont, wires, tubes 
or cables, shall file in the office of the City Secretary 
an application therefor, stating in detail the streets, al- 
leys or public places which said wires, tubes or cables 
are to occupy, and the manner in which said wires, tubes 
or cables are to be secured or supported and insulated, 
together with plat showing the route of such wires, tubes 
or cables. 

Article 261. Fire Committee May Direct Altera- 
tions, Notice. — The right is hereby reserved to the Fire 
Committee, at any time, to direct any alteration in the 
location of poles and also in the height at which the 
wires shall run; but before any such alteration is made, 
at least five days notice in writing shall be given the 
president or local officer of the company affected by the 
proposed alteration, and reasonable opportunity shall 
be afforded the representatives of such company or any 
citizen interested to be heard therein. But when any 
such alteration shall be ordered, the said company shall, 
within five days thereafter, commence such alteration 
and complete the same as soon as practicable thereafter, 
and upon failure to do so, it shall be deemed guilty of a 
misdemeanor and punished as hereinafter provided. 


78 


CHARTER AND ORDINANCES. 


Article 262. Discontinuing Current When Wires 
are Broken. — Whenever any wire shall be broken, or be 
in unsafe condition, it shall be the duty of said owner 
of such wire, or the president or manager of the com- 
pany owning or controlling such wire, to immediately 
cause the same to be repaired and placed in a safe con- 
dition. 

Article 263. Electrician to Notify Owner, of De- 
fective Wires, etc. — Whenever the trolley wire, guard 
wire, guy wire, or any other wire used in any way for 
the transmission of electricity shall be poorly or improp- 
erly constructed, it shall be the duty of the 
City Electrician to notify the owner of such wire, or 
the manager of the company having charge of such wire, 
to have the same remedied, and it shall be the duty of 
such manager to put such wire or wires in a safe and 
proper condition within one day after such notice, 
and every day that such manager shall fail to have the 
same remedied after such notice, shall constitute a sepa- 
rate offense. 

Article 264. Electric Companies, etc. to Maintain 
Lineman. — It shall be the duty of every electric light 
company and every electric railway company to main- 
tain at least one lineman, who they can reach within a rea- 
sonable length of time from their office in the City of 
Beaumont, to remedy breaks or poor construction of 
such wires, and keep their wires at all times in a safe con- 
dition. 

Article 265. Testing of Meters, Fees. — Whenever 
any person, firm or corporation or association shall desire 
to have their or its meter tested, and shall deposit with 
the City Electrician the sum of $1.50, it shall then be 
the duty of the City Electrician to proceed to test said 
meter at his earliest convenience, and should said meter, 
upon such test, be found registering within three (3) 
per cent correct, then the $1.50 so deposited shall be re- 
tained by the City for inspection fee thereof; but if said 
meter be found to be registering over or under three 
per cent correct, or the bill upon which the complaint is 


CITY OF BEAUMONT. 


79 


based be incorrect, then the $1.50 so deposited, shall be 
returned to the person, firm or corporation or associa- 
tion who deposited it, and. the company owning the meter 
or furnishing and measuring light and power through 
the same, shall pay to the City the sum of $1.50. 

Article 266. Schedule of Charges for Electrical In- 
spection. — 

Concealed Wiring. 

1 to 3 outlets $ .50 

4 to 10 outlets * 1.00 

11 to 15 outlets 1.50 

16 to 24 outlets 2.00 

25 to 50 outlets 4.00 

50 to 100 outlets 6.00 

101 outlets and over 10.00 

Open Wiring. 

I to 3 lights $ .50 

4 to 10 lights 1.00 

II to 20 lights 1.50 

21 to 50 lights 2.25 

51 to 100 lights 3.50 

100 to 500 lights 5.00 

501 lights and over 10.00 

Arc Lights 

I to 3 lights $ .50 

4 to 10 lights 1.00 

II to 20 lights 2.00 

21 and over 3.00 

Fixtures.* 

I to 3 lights $ -25 

4 to 10 lights 50 

II to 20 lights 1.00 

21 to 40 lights 1.50 

41 to 75 lights 2.50 

76 to 150 lights 3.50 

151 to 500 lights 5.00 

501 lights and over > • • • 10.00 


80 


CHARTER AND ORDINANCES. 


Motors. 


1-2 to 1 h. p $ .25 

I 1-2 to 3 h. p 50 

4 to 10 h. p 1.00 

II h. p. and over 1.50 


Isolated Plants. 

Charge according to this schedule and add $1.00 
for each dynamo. 

Re-Inspections. 

When violations are found on first inspection, a 
fee of 50 per cent additional will be charged for each 
visit thereafter. 

Service Connections. 

A charge of 25 cents will be charged for each service 
connection and shall be collected by the City Electrician 
and paid into the City Treasury, also the charges for 
electrical inspection. 

Article 267. Penalties. — Each violation of the pro- 
visions of this chapter shall constitute a misdemeanor 
and the person, firm or corporation or any employee, 
agent or member or officer thereof guilty of violating 
the provisions of this ordinance, on conviction in the 
corporation court, shall be fined in any sum not less 
than Five Dollars nor more than One Hundred Dollars 
for each offense and every violation of and each and 
every day for failure or refusal to comply with this 
ordinance shall constitute a separate and distinct of- 
fense and in case of wilful and continual violation, of the 
provisions of this chapter by any person, firm or cor- 
poration, as aforesaid, or their employees, servants or 
officers, the City shall have the right and power to re- 
voke and repeal any franchise or ordinance under which 
such persons, firms or corporations are operating or 
may be using, and to revoke and repeal all permits and 
priveliges granted to said person, firm or corporation 
as aforesaid. 


CITY OF BEAUMONT. 


81 


CHAPTER XVII. 

STOCK POLICEMEN. 

Article 268. Appointment of Stock Policemen. — It 

shall be the duty of the Mayor to appoint two or more 
persons to be known as Stock Policemen of the City of 
Beaumont, whose salaries shall be fixed from time to 
time by the City Council, who shall serve in the capacity 
of a regular policeman, and who shall cause all horses, 
mules, jacks, jennets, cattle, sheep, goats, hogs and 
geese found running at large in the City limits, prescribed 
by ordinance, and contrary to the articles of this chap- 
ter; and who shall cause all sheep, horses, mules, jacks, 
jennets, cattle, goats, hogs and geese found running at 
large within the corporate limits of the City of Beau- 
mont contrary to the articles of this chapter, to be gath- 
ered and impounded in the public pound. 

And the said stock policemen who shall have im- 
pounded the said stock, shall proceed to sell the same at 
public auction for cash, after first giving three days 
public notice of the time and place of sale by posting 
up written or printed notices of such taking and penning 
and the time, terms and place of sale in two public places 
within such territory, to-wit: One at the county court 
house and the other at the Post office, describing the 
animals impounded; and after deducting all expenses of 
taking up and keeping such animals or animal impound- 
ed, and a fee for each animal so impounded of $1.00, the 
said Stock Policemen shall pay the residue, if any, to the 
owner, if known, and if not known, to the City Treasurer, 
taking a receipt therefor; and shall make a bill of sale 
for the animal or animals so sold to the purchaser thereof; 
and the said Stock Policemen shall turn over all fees 
collected by him, or them, daily, from impounding of 
all animals .of whatsoever kind to the City Treasurer, 
taking his receipt for same, and making a monthly re- 
port to the City Council, of the number of stock im- 
pounded or sold, or disposed of by them, giving an ac- 
curate description of stock sold or disposed of by them 
during the month, together with a receipt of the City 


82 


CHARTER AND ORDINANCES. 


Treasurer, attached thereto for all money paid him during 
the said month. 


CHAPTER XVIII. 

CITY PURCHASING AGENT. 

Article 269. Creating the Office of City Purchasing 
Agent. — That the office of the City Purchasing Agent 
of the City of Beaumont is hereby created. 

Article 270. Duties of City Purchasing Agent. — It 

shall be the duty of said officer to purchase all supplies 
for said City upon the order of the City Council or an 
elective or appointive officer of the City. Though said 
City Purchasing Agent may in his discretion refuse to 
purchase any supplies for any officer, unless so ordered 
by the City Council. He shall also keep and store all 
supplies of every character of said City, and to distribute 
such supplies to the officer or officers having authority 
to receive same and take and keep filed receipts for all 
supplies distributed. 

It shall be his further duty to keep a set of books, 
showing a complete record of all supplies purchased, 
and from whom purchased and the price and terms on 
which same are purchased and upon whose order same 
are purchased, and also a record of all supplies of said 
City on hand or stored at all times and where and how 
stored, and also a record of all supplies distributed and 
to whom distributed and upon whose order distributed. 
He shall be responsible to said City for all purchases 
and for distributions of supplies and for all supplies of 
every character on hand or stored. 

Article 271. City Purchasing Agent Under Control 
of Council. — He shall be subject to the direction of the 
City Council and shall do and perform such other and 
further services as the City Council may direct. 

Article 272. Manner of Appointment. — He shall be 
appointed as other appointive officers are, though the 
City Council may designate some officer now in the em- 
ploy of the City to do such work. 


CITY OF BEAUMONT. 


83 


Article 273. Oath and Bond of City Purchasing 
Agent.. .Before entering upon the duties of his office, 
said City Purchasing Agent shall take and subscribe the 
oath of office prescribed by the Constitution of the 
State, and shall also give a bond with two good and suf- 
ficient sureties or signed by a surety company, in such 
amount as the City Council may direct, same to be ap- 
proved by the City Council, conditioned that he will well 
and faithfully discharge and perform the duties incum- 
bent upon him as such officer, according to the Constitu- 
tion and Laws of the Sate of Texas and the Charter and 
ordinances of the City of Beaumont. 

Article 274. Compensation of City Purchasing 
Agent. — He shall receive as full compensation for his 
services, such amount as the City Council may from time 
to time fix, not to be diminished during his term of of- 
fice, but may be increased. 

CHAPTER XIX. 

BUILDING INSPECTOR. 

Article 275. Creation of Office. — Duties. — The of- 
fice of Building Inspector of the City of Beaumont is 
hereby created. It shall be the duty of said officer to see 
that all the requirements prescribed by the building or- 
dinances of this city are fully complied with and carried 
out. He shall be subject to the direction of the City 
Council and shall do and perform such other and further 
services as the City Council may direct. 

Article 276. Appointment of Building Inspector. — 

He shall be appointed as other appointive officers are, 
though the City Council may designate some other officer 
of the City to do such work. 

Article 277. Oath and Bond of. — Compensation.— 

Before entering ypon the duties of his office the Build- 
ing Inspector shall take the oath of office prescribed by 
the Constitution and Laws o fthe Stae of Texas, and shall 
also give bond with two or more good and sufficient 
sureties or with some surety bonding company, in such 


84 


CHARTER AND ORDINANCES. 


amount as the City Council may direct, same to be ap- 
proved by the City Council, conditioned that he will truly 
and faithfully perform the duties incumbent upon him 
as such officer, acording to the Constitution and Laws of 
the State of Texas, and the Charter, Ordinances and Res- 
olutions of the City of Beaumont. 

He shall receive as full compensation for his ser- 
vices, such amount as the City Council may prescribe, 
not to be diminished, but may be increased, during his 
tenure of office. 


CHAPTER XX. 

FIRE MARSHAL. 

Article 278. Fire Marshal. — Appointment and Com- 
pensation of. — The office of Fire Marshal is hereby cre- 
ated, such office shall be filled by appointment by the 
Mayor, by and with the consent of the City Council, with- 
in thirty (30) days atter this ordinance shall go into ef- 
fect and the officer appointed shall hold said office until 
April 1912, unless he shall sooner be removed. The said 
Fire Marshal shall be properly qualified for the duties 
of this office and he shall receive an annual salary, pay- 
able in monthly installments of such amount as the City 
Council shall from time to time designate, same never 
to be diminished during the tenure of his office but may 
be increased. The officer appointed in 1912 shall be 
appointed in the manner prescribed by the City Charter. 

Article 279. Shall Investigate the Origin of Fires. — 

The Fire Marshal shall investigate the cause, origin and 
circumstances of every fire occuring within the City of 
Beaumont by which property has been destroyed or dam- 
aged, and shall especially make investigation as to wheth- 
er such fire was the result of carelessness or design. Such 
investigation shall be begun within twenty-four hours, 
not including Sunday, of the occurrance of such fire. The 
Fire Marshal shall keep in his office a record of all fires 
occuring within the city, together with all facts, sta- 
tistics and circumstances, including the origin of the 
fires and the amount of the loss, which may be deter- 


CITY OF BEAUMONT. 


85 


mined by the investigation required by this ordinance. 
Such record shall at all times be open to public inspec- 
tion. 

Article 280. May conduct Examinations Into Causes 
of Fires. — The Fire Marshal, when in. his opinion fur- 
ther investigation is necessary, shall take or cause to be 
taken the testimony on oath, of all persons supposed 
to be cognizant of any facts or to have means of know- 
ledge in relation to the matter as to which an examination 
is herein required to be made, and shall cause the same to 
be reduced to writing; and if he shall be of the opinion 
that there is evidence sufficient to charge any person 
with the crime of arson, or with the attempt to commit 
the crime of arson, or of conspiracy to defraud, or crim- 
inal conduct in connection with such fire, he shall cause 
such person to be arrested and charged with such of- 
fense or either of them and shall furnish to the proper 
prosecuting attorney all such evidence, together with the 
names of witnesses and all information obtained by 
him, including a copy of all pertinent and material testi- 
mony taken in the case. 

Article 281. May Summon and Compel Attendance 
of Witnesses. — The Fire Marshal shall have the power 
to summon and compel the attendance of witnesses be- 
fore him to testify in relation to any matter which by the 
provisions of this ordinance a subject of inquiry 
and investigation, and may require the produc- 
tion of any book, paper or document deemed pertinent 
thereto. The said Fire Marshal is hereby authorized and 
empowered to administer oaths and affirmations to any 
persons appearing as witnesses before him and false 
swearing in any matter or proceeding aforesaid shall 
be perjury and shall be punished as such. Any witness 
who refuses to be sworn, or who refuses to testify, or who 
disobeys any lawful order of said Fire Marshal, or who 
fails or refuses to produce any book, paper or document 
touching any matter under examination, or who is guilty 
of any contemptuous conduct after being summoned to 
give testimony in relation to any matter under 
investigation as aforesaid, shall be deemed guil- 


86 


CHARTER AND ORDINANCES. 


ty of a misdemeanor and it shall be the du- 
ty of the Fire Marshal to make complaint against 
said person or persons so refusing to comply 
with the summons or order of said Fire Marshal in the 
corporation court in the City of Beaumont, and upon 
filing such complaint such cause shall proceed in the 
same manner as other criminal cases, and upon convic- 
tion of any such person guilty of a violation of the pro- 
visions of this ordinance he shall be fined in a sum not 
less than $5.00 nor more than $100.00. Provided, how- 
ever, that any person so convicted shall have the right 
to appeal. All investigations held by or under the direc- 
tion of the Fire Marshal may, in his discretion, be private, 
and persons other than those required to be present may 
be excluded from the place where such investigation 
is held, and witnesses may be kept separate and apart 
from each other and not allowed to communicate with 
each other until they have been examined. 

Article 282. May Enter and Examine Buildings, etc. 

— The Fire Marshal shall have the authority at all times 
of day or night, in the performance of the duties im- 
posed upon him by the provisions of this ordinance, 
to enter upon and examine any biulding or premises 
where any fire has occurred, and other buildings and 
premises adjoining or near the same. 

Article 283. Examinations for Defects, etc. — The 

Fire Marshal, upon complaint of any person having an 
interest in any building or property adjacent and with- 
out any complaint, shall have a right at all reasonable 
hours, for the purpose of examination, to enter into 
and upon all buildings and premises within the City and 
it shall be his duty, quarterly or more often, to enter 
upon and make, or cause to to be entered upon and made, 
a thorough examination of all mercantile, manufactur- 
ing and public buildings, together with the premises be- 
longing thereto. Whenever he shall find any building or 
other structure which, for want of repair, or by reason 
of age or dilapidated condition, or for any cause, is es- 
pecially liable to. fire, and which is so situated as to 


CITY OF BEAUMONT. 


87 


endanger other buildings or property, or so occupied 
that fire would endanger persons or property therein and 
whenever he shall find an improper or dangerous ar- 
rangement of stoves, ranges, furnaces or other heating 
appliances of any kind whatsoever, including chimneys, 
flues and pipes with which the same may be connected, 
or a dangerous arrangement of lighting devices or sys- 
tems, or a dangerous or unlawful storage of explosives, 
compounds, petroleum, gasoline, kerosene, dangerous 
chemicals, vegetable products, ashes, combustible, in- 
flammable and refuse materials, or other conditions 
which, in his opinion, may be dangerous in character or 
liable to cause or promote fire or create conditions dan- 
gerous to the firemen or occupants, he shall order the 
same to be removed or remedied, and such order shall be 
forthwith complied with by the owner or occupant of said 
building or premises; provided, however, that if the said 
owner or occupant deems himself aggrieved by such order 
he may within twenty-four (24) hours appeal to the 
Mayor of the City of Beaumont, such appeal to be written, 
who shall investigate the cause of the compplaint and 
unless by his authority the order is revoked, such order 
shall remain in force and be forthwith complied with 
by such owner or occupant. Any owner or occupant of 
such buildings or premises failing' to comply with the 
authorities above specified, shall be deemed guilty of 
a misdemeanor and upon conviction in the corporation 
court, shall be fined in any sum not less than $5.00 nor 
more than $100.00, each day’s neglect to be a separate and 
distinct offense. 

CHAPTER XXI. 

WATER AND GAS METER INSPECTOR. 

Article 284. Creation of Office. — That the office of 
Water and Gas Meter Inspector is hereby created. 

Article 285. Duties Of. — It shall be the duty of said 
officer to test any meter when requested by any person, 
firm or corporation, as provided in this Chapter. 

Article 286. Meters Tested, When — Whenever any per- 
son, firm or corporation desires to have their or its meter 


88 


CHARTER AND ORDINANCES. 


tested and shall deposit with the Water and Gas meter In- 
spector the sum of $2.50, it shall then be the duty of said 
inspector to proceed to test said meter at his earliest con- 
venience, and should said meter, upon the test, be found 
registering correctly or too slow, then the $2.50 so de- 
posited shall be retained by said City for the inspection 
fee thereof ; but if said meter should be found to register 
too fast or the bill incorrect, then the $2.50 so deposited 
shall be returned to the person, firm or corporation de- 
positing the same, and the company owning the meter 
or furnishing and measuring gas or water through same, 
shall pay to the City the sum of $2.50. 

Article 287. Subject to Direction of Council. — He 

shall be subject to the direction of the City Council, and 
shall do and perform such other and further services 
as the City Council may direC , 

Article 288. His Appointment. — He shall be ap- 
pointed as other appointive officers are, though the City 
Council may designate some other officer of the City to 
do said work. 

Article 289. Oath and Bond. — Before entering upon 
the duties of said office, said Inspector shall take the 
oath of office prescribed by the Constitution and Laws 
of the State of Texas, and shall also give bond with two 
or more good and sufficient sureties or with some surety 
bonding company, in such amount as the City Council 
may direct, same to be approved by the City Council; 
conditioned that he will faithfully and truly perform 
the duties incumbent upon him as such officer according 
to the Constitution and Laws of the State of Texas, and 
the Charter, ordinances and resolutions of the City of 
Beaumont. 

Article 290. Compensation. — He shall receive such 
compensation for his services as the City Council may 
prescribe, not to be diminished during his term of office, 
but which may be increased. 


CITY OF BEAUMONT. 


89 


CHAPTER XXII. 

GENERAL DUTIES OF OFFICERS. 

Article 291. Officers Shall Not Leave the City With- 
out Permission— That any elective officer of the city, ex- 
cept aldermen, who shall leave the city with the intention 
of residing elsewhere, or be absent for a longer time than 
one week, without permission of the City Council, or 
Mayor, shall thereby vacate his office, and the Mayor 
shall order an election to fill the same, as in case of any 
other vacancies, unless the absence is occasioned by sick- 
ness, or some other good excuse. 

Article 292. Officer Must Have Permission to Absent 
Himself from City. — That any officer desiring to be 
temporarily absent from the city more than one week 
shall apply to the Mayor or City Council for a leave of 
absence, which may, in the discretion of the Council, be 
granted for any time not exceeding thirty days at a time, 
and when granted shall be filed with the secretary, pro- 
vided that the City Attorney, Assessor and Collector and 
Treasurer, may appoint a substitute during their ab- 
sence and they shall be responsible for the acts of such 
substitute, and such substitute must be appointed with 
the consent of the Mayor and City Council, and in the 
event the Mayor shall at any time absent himself from 
the city, he shall notify the Mayor pro tern thereof, who 
during the Mayor’s absence shall exercise all his duties 
and powers. 

Article 293. Retiring Officer Shall Turn Over 
Books, Papers, etc. — That every officer shall, upon going 
out of office, deliver to his successor all books, papers, 
furniture, and other things appertaining to his office. 

Article 294. Officer Shall Submit His Books, etc., 
to Inspection. — That every officer shall at all times, when 
requested, submit his books and papers to the Mayor or 
any member of the City Council. 

Article 295. All officers shall keep their offices 
where requested by the City Council. 

Article 296. City Officials Shall Not Deal in City 


90 


CHARTER AND ORDINANCES. 


Obligations, etc. — No officer of the city, nor deputy, 
clerk or employee of any such officer, nor. any servant 
or agent of this city, shall, directly or indirectly, him- 
self or by another, for his own or another’s benefit, deal 
in the purchase of city warrants, bonds or other obliga- 
tions of the city. 

Article 297. Officer Removed for Malfeasance in 
Office, etc. — That any officer of this city who shall re- 
fuse or wilfully fail or neglect to perform any duty en- 
joined upon him by law or ordinance, or shall in the dis- 
charge of his official duties be guilty of any fraud, ex- 
tortion or oppression, favoritism or partiality or wilful 
wrong or injustice, shall be deemed guilty of a mis- 
demeanor, and may be removed from office for malfeas- 
ance in office as provided by the laws of this State. 

Article 298. Officers to Report Violations of Law. — 

All city officials and employees shall report any viola- 
tion of the City ordinances coming under their personal 
observation. 

Article 299. Legal Advice. — Any officer desiring 
legal advice with regard to the performance of his of- 
ficial duties shall apply to the City Attorney for same 
and be guided by his opinion in the matter, unless oth- 
erwise ordered by the City Council. 

Article 300. Officers Shall Inventory Property of 
the City Turned Over to Them when Elected, etc. — That 
it shall be the duty of every city officer, or employee, 
within ten days after he has qualified, or been employed, 
to make an inventory of all property turned over to him 
by his predecessor. He shall keep a copy of said in- 
ventory and file a copy with the City Secretary, and 
shall add to both all property coming into his possession. 
The Chief of Police shall be responsible for all property 
in connection with the calaboose; the Health Officer for 
all property of the city coming into his possession. The 
Street Commissioner, or foreman, shall be responsible 
for all tools and other property used on the streets and in 
connection with his employment. Every officer who fails 
to satisfactorily account for property coming into his 


CITY OF BEAUMONT. 


91 


possession, or furnished to his department, shall be re- 
sponsible to the city for the value thereof. The foreman 
or Street Commissioner shall see that all tools and appli- 
ances for street work when not used, are securely housed 
in a room to be provided by the city, and which shall 
be kept locked. Before accepting the final report of any 
officer, the proper committee shall examine inventory 
on file. 

Whenever the committee on purchase or any com- 
mittee, furnishes any personal property to any depart- 
ment, it shall be the duty of the secretary to charge it 
up to the proper officer. The chief and drivers in the 
Fire Department shall be responsible for all city property 
coming into their hands, and if they fail to take care of 
and satisfactorily account for any of such property, they 
shall be deemed guilty of a misdemeanor and subject to 
removal from office. Whenever the Mayor issues an or- 
der to an officer, he shall obey and report. 

CHAPTER XXIII. 

FIXING THE SALARIES OF THE OFFICERS OF 
THE CITY. APRIL, 1910, TO APRIL, 1912. 

Article 301. That the salaries and fees of officers to 
be paid to the respective officials of the City of Beau- 
mont for the term commencing April, 1910, and ending 
April, 1912, shall be and the same are hereby fixed at 
the following amounts, until otherwise ordered. 

Mayor. The Mayor shall receive a salary of $2400.00 
per annum, and shall receive no other fees or perquisites 
of any kind in addition thereto. 

Chief of Police. The Chief of Police shall receive a 
salary of $2400.00 per annum and no additional fees or 
perquisites of any kind and all fees heretofore assessed 
and collected in favor of the Chief of Police shall be as- 
sessed and collected for, and on behalf of the city, and 
shall be paid into the general fund of the City. 

Deputy Chief of Police. The Deputy Chief of Police 
shall receive a salary of $1200.00 per annum, and no ad- 


92 CHARTER AND ORDINANCES. 

ditional fees or perquisites of any kind in addition 
thereto. 

City Treasurer. The City Treasurer shall receive a 
salary of $5.00 per annum and no other fees or commis- 
sions. 

City Secretary. The City Secretary shall receive a 
salary of $2100.00 per annum, and all other fees or per- 
quisites heretofore taxed and collected in favor of the 
City Secretary shall hereafter be taxed and collected for 
and on behalf of the City of Beaumont, and paid into 
the general fund of said City. 

City Attorney. The City Attorney shall receive a 
salary of $2400.00 dollars per annum, and in addition 
thereto shall receive the fees in tax suits, as heretofore 
paid, and as provided by the City Charter and all fees 
and perquisites heretofore accruing to said officer shall 
hereafter be paid into the general fund of the City. 

Assessor and Collector. The Tax Assessor and Col- 
lector shall receive a salary of $2400.00 dollars per an- 
num; and all fees or perquisites heretofore accruing to 
said officer shall hereafter he paid into the general fund 
of the City, and said salary shall cover the whole amount 
to be paid to such officer for his services. 

Fire Chief. The Chief of the Fire Department shall 
receive a salary of $1200.00 per annum, and no other per- 
quisites. 

City Scavenger. The City Scavenger shall receive 
for services rendered to private families the sum of 40 
cents for each service, not to exceed two services per 
month in summer, and not to exceed two per month in 
winter; for his services to hotels and boarding housq^, 
he shall receive the sum of $1.00 for each service, not to 
exceed three services per month. By hoarding houses as 
herein used, shall be held to mean any house receiving 
boarders in excess of three in number, and shall not be 
construed to mean a private family keeping not less than 
three boarders in addition to the family. 


CITY OF BEAUMONT. 


93 


City Health Officer. The City Health Officer shall 
receive a salary of $900.00 dollars per annum, and no 
other perquisites. 

City Recorder. The City Recorder shall receive a 
salary of $75.00 dollars per month, and all- fees that may 
be attached by law in favor of said officer shall here- 
after be taxable in favor of the City of Beaumont, and 
snail be paid into the general fund of the City. 

Clerk of the Corporation Court. The Clerk of the 
Corporation Court shall receive a salary of $1200.00 per 
annum; provided further that for all other work as speci- 
fied by the City Council the said Clerk of the Corpora- 
tion Court shall receive such other compensation as the 
City Council may allow for his services. 

City Engineer and Acting Street Commissioner. The 

City Engineer and Acting Street Commissioner shall re- 
ceive a salary of $2400.00 dollars per annum, and no 
other fees and commissions. 

City Aldermen. Each Alderman shall receive Five 
($5.00) dollars for each regular meeting, and three 
($3.00) dollars for each called meeting. 

Where it is provided herein for a salary for any of- 
ficial of this City, the said salary shall be paid in monthly 
installments at the expiration of each month, in the man- 
ner and form provided for by the City Ordinances. 

CHAPTER XXIV. 

DIVISION OF THE CITY INTO WARDS. 

Article 302. The City of Beaumont shall be divided 
into three (3) wards, and the limits and boundaries of 
each shall be as follows, to-wit: 

First Ward. The First Ward shall embrace all that 
portion of the city bounded as follows, viz.: Beginning 
at a point on the Neches River North of the T. & N. O. R. 
R. where Tevis Street intersects said river; thence West 
with said Tevis Street to its intersection with Main 
Street; thence northwesterly with Main Street to Bon- 


94 


CHARTER AND ORDINANCES. 


ham Street; thence west along Bonham Street to its in- 
tersection with Liberty Avenue, thence west along Lib- 
erty avenue and continuing west to the west boundary line 
of the city; thence north with the western corporate line 
of the city to its northwest corner; thence east with the 
north boundary line of the corporation 5300 feet to stake 
on Brake’s Bayou; thence along Brake’s Bayou with its 
meanderings to the right bank of the Neches River; 
thence down the right bank of the Neches River to the 
place of beginning. 

Second Ward. The Second Ward shall embrace all 
that portion of the city bounded as follows: Beginning 
at a point on the Neches River, where Milam Street, if 
extended east, would intersect said Neches River; thence 
in a southeasterly direction along Milam Street to a point 
if extended west, would intersect west Franklin Street in 
the Cartwright Addition to the city; thence west with 
west Franklin Street to the west corporate line of the 
city ; thence north with the wesT corporate line to its in- 
tersection with the southeast corner of First Ward; 
thence in an easterly direction with the south boundary 
line of First Ward to the beginning point of said First 
Ward. 

Third Ward. The Third Ward shall embrace all 
that portion of the city bounded as follows, viz. : Begin- 
ning at a point on the right bank of the Neches River, 
where Carroll Avenue in the Neches River Park Addi- 
tion intersects said Neches River; thence south along 
said Carroll Avenue to its terminus, and continuing 
south 6893 feet from the beginning point of said Ward 
to a cypress stake on the south boundary line of the 
David Brown League, and the north boundary line of the 
J. W. Bullock League, thence west on the south boundary 
line of said David Brown League of land 12,477 feet to 
a stake in the center of La Fayette Avenue in the Cart- 
wright Addition to the city of Beaumont, being the south- 
east corner of the corporation; thence north with the west 
boundary line of said corporation to a point where west 
Franklin Street intersects the west corporate line of 


CITY OF BEAUMONT. 


95 


said corporation; thence east with the south boundary 
line of the Second Ward to the place of beginning. 

Article 303. Wards, How Changed. — The above 
Wards may, by resolution of two-thirds of the council 
present, be changed at any time and the city divided into 
a larger number of wards, not to exceed ten in number. 

CHAPTER XXV. 

CORPORATION COURT. 

Article 304. Corporation Court Jurisdiction. — The 

Corporation Court shall have the jurisdiction within the 
limits of the City of Beaumont with power to hear and 
determine all cases of violation of the ordinances of the 
city. 

Article 305. Corporation Court Open for Business. 

— The Corporation Court shall hold no terms and shall 
be at all times open for the transaction of business. 

Article 306. Rule of Practice. — The act of Legisla- 
ture of the State of Texas of March 15, 1899, entitled 
“An Act to establish and create in each of the cities, 
towns and villages of this State, a state court, to be 
known as the corporation court, in such city, town or vil- 
lage, and to prescribe the jurisdiction and organization 
thereof, and to abolish Municipal Courts,” shall govern 
the procedure and practice of the corporation court in 
the City of Beaumont, and the City Council may pre- 
scribe such additional rules of practice and procedure as 
may not be inconsistent with the law creating the cor- 
poration court, or in conflict with the general laws of 
the State. 

Article 307. May be Held by Mayor or Mayor Pro 

Tem. — In the absence, sickness, or inability of the Re- 
corder to hold his court, the court may be held by the 
Mayor or Mayor pro tem, who shall have the same juris- 
diction, powers and authority as the Recorder. 

Article 308. Form of Accusation. — All prosecutions 
in the Corporation. Court shall be conducted in the name 


96 


CHARTER AND ORDINANCES. 


of the State of Texas, and shall conclude “Against the 
peace and dignity of the State,’ ’ and when the offense is 
covered by an ordinance, the complaint may also con- 
clude “and contrary to the Ordinances of the City of 
Beaumont, Texas.” 

Article 309. Penalty. — The violation of either of the 
two next preceding articles shall be deemed a malfeas- 
ance, and for such violation the Recorder of the Corpora- 
tion Court shall be liable to impeachment. 

Article 310. Pleas Only Accepted in Open Court. — 

All cases coming before said corporation court shall be 
tried and disposed of in open court, and no plea of guilty 
shall be accepted except by the judge of the corporation 
court and all pleas must be made to said judge of the cor- 
poration court by offender or their legal representatives. 

Article 311. Time of Opening the Recorder’s Court. 

— Corporation Court shall open at eight (8) o’clock xY. 
M. and remain open until all business is disposed of, but 
shall hold no terms and shall be at all times open for the 
transaction of business. 

Article 312. Recorder, Appointed. — At a regular 
meeting of the City Council after each general election 
of the city, there shall be appointed by the council, upon 
nomination being made by the Mayor of said' city, a re- 
corder of the corporation court of the City of Beaumont, 
Texas, who shall hold his .office for two years and until 
his successor shall have been appointed and qualified, 
unless sooner removed by the City Council; that before 
entering upon the discharge of his duties as such Re- 
corder, he shall take the oath prescribed by the Constitu- 
tion of the State of Texas and shall enter into bond in 
the sum of one thousand dollars, payable to the Mayor of 
the City of Beaumont and to his successor in office, con- 
ditioned for the faithful discharge of all official duties 
as such recorder; that such recorder shall be the chief 
judicial officer of the City of Beaumont, and shall pre- 
side over the corporation court and shall have power to 
issue all writs and process necessary to enforce the 


CITY OF BEAUMONT. 


97 


judgments and decrees of such court and shall have all 
powers, privileges and duties conferred upon him by the 
act of the Legislature hereinbefore referred to. 

Article 313. Clerk Appointed. — His Compensation 
and Office Hours. — At a regular meeting of the City 
Council, after each general city election, there shall be 
appointed by the City Council, upon the nomination be- 
ing made by the Mayor of said city, a clerk of the cor 
poration court in the City of Beaumont, Texas, who shall 
hold his office for two years, and until his successor shall 
have been appointed and confirmed and has quail f cd, 
unless sooner removed by the City Council; that before 
entering upon the discharge of the duties of such office, 
the said clerk shall take and subscribe the oath pre- 
scribed by the Constitution of the State of Texas, and 
shall enter into bond, with good and sufficient sureties, 
payable to the Mayor of the City of Beaumont, and his 
successors in office, in the sum of one thousand dol- 
lars, conditioned that he shall faithfully discharge all 
official duties as clerk of said court; that said clerk shall 
have the custody of the seal of said court, and all papers, 
books and documents belonging or pertaining to said 
court, and shall perform such duties and have such 
rights, powers and privileges and be under obligations 
as set forth in the act of Legislature hereinbefore re- 
ferred to, or may have been heretofore or as. may here- 
after be prescribed by the City Council; that said clerk 
as compensation for his services shall receive such 
amount as may be fixed by the City Council, to be paid 
him at the end of each month’s services, in the same man- 
ner as the salaries of other officers of the city are paid; 
provided, that the office hours of said clerk be from 8 
A. M. to 12 M., and from 2 P. M. to 5 P. M., Sundays and 
legal holidays excepted. 

Article 314. Seal of Court.— The Mayor of the City 
of Beaumont is hereby authorized and directed to pro- 
cure a seal for said Corporation Court, and to have the 
same engraved with a star of five points in the center 
thereof, and have engraved on said seal the words “Cor- 
poration Court in Beaumont, Texas.” 


98 


CHARTER AND ORDINANCES. 


Article 315. Costs to be Taxed. — There shall he 
taxed against each defendant convicted in said Court 
the same amount of costs as the General Laws of the 
State of Texas provide now, shall be taxed against per 
sons convicted of misdemeanor in the courts of the Jus- 
tice of the Peace. 

Article 316. Jurors. — Jurors in the Corporation 
Court who serve in the trial of cases before said court 
shall receive fifty cents in each case they may sit as 
jurors, and the amount due jurors shall he paid by the 
City Treasurer upon the certificate of the clerk of the 
court, which certificate shall state the service, by whom 
rendered, when rendered and the amount due therefor. 

Article 317. Costs and Fines to be Paid the Chief 
of Police. — All costs and fines shall be paid to the Chief 
of Police, who shall have custody of defendant until 
fines and costs are paid, or to some officer designated by 
him to receive the same, and the Chief of Police shall 
turn over each day all the costs and fines collected to 
the City Treasurer, taking his receipt therefor, and shall 
each month make a report to the City Council, showing 
the style and number of each case committed to him, and 
the amount of fine and costs collected by him in each 
case; and where the fine and costs are not paid by the 
defendant, then to state what disposition was made of 
the defendant in each case. 

Article 318. Duties of the Clerk. — The Clerk of said 
Court shall docket each case and perform such duties as 
are prescribed for him to do by the laws governing said 
corporation court. 

Article 319. To Make Out Monthly Report. — The 

Clerk of said court shall make out a report on the first 
of each and every month, under oath, showing the style, 
number and disposition of each case tried in said court 
during each month, and shall also show the amount of fine 
and costs in each case, and how the same has been sat- 
isfied, and file said report with the City Secretary. 


CITY OF BEAUMONT. 


99 


Article 320. Rules of Procedure for the Corpora- 
tion court. 

(a) Proceedings, How Commenced. — All proceed- 
ings shall be commenced by filing a complaint, duly 
sworn to, before any person authorized by law to admin- 
ister oaths, and filed with the clerk of the corporation 
court. 

(b) Shall be in the Name of the State. — The com- 
plaint shall state the name of the person charged with 
an offense, or if the name cannot be obtained, then a de- 
scription of the person, as near as may be, the nature of 
the offense, and the time and place where the offense 
was committed. 

(c) Warrant Shall be Issued. — If the defendant be 
not in the custody of an officer or other person author- 
ized to make an arrest, a warrant shall be issued by the 
clerk, directed to the Chief of Police, or any policeman 
of the City of Beaumont, commanding said Chief of Po- 
lice or policeman to forthwith arrest the person named 
or described therein and bring him forthwith before the 
recorder of the corporation court for a hearing upon 
said complaint. 

(d) Complaint to be Read to Defendant. — The com- 
plaint shall be read to the defendant, who shall plead 
thereto, and the plea entered upon his docket by the 
clerk of the corporation court. 

(e) Plea of Guilty. — If the person charged with an 
offense plead guilty before the corporation court, the 
Clerk of the Corporation Court shall thereupon enter the 
plea on his docket and the recorder shall assess such fine 
and costs as may be authorized by law, or by the ordi- 
nances of the City of Beaumont. 

(f) Plea of Not Guilty. — If a plea of not guilty be 
entered to the complaint, a trial shall be had, either by 
the court or by a jury, as the defendant may elect. 

(g) Continuances. — Continuances shall be granted 
by the court, upon the same terms and in accordance 


100 


CHARTER AND ORDINANCES. 


with the procedure now provided by law for continuances 
in Justices of the Peace Courts in misdemeanors. 

(h) Judgment. — Judgment shall be rendered in the 
corporation court, for dismissal or for fine and costs, as 
the facts may appear. 

(i) Appeal. — Unless the judgment be appealed 
from, and an appeal bond approved and filed 
it shall be the duty of the clerk of the court, and 
he is hereby required to forthwith issue a commitment, 
directed to the Chief of Police or any policeman of the 
City of Beaumont, to commit the defendant to jail until 
the full amount of the fine and costs be paid, or until 
the defendant be discharged according to law. 

(j) Payment of Fine and Casts. — Upon payment of 
fine and costs, or upon the discharge of the defendant 
under the commitment it shall be the duty of the Chief 
of Police to return the commitment to the clerk of the 
corporation court, with the amount of fine and costs paid 
to the Chief of Police, or any policeman, endorsed 
thereon. 

(k) Shall Discharge Defendant. — If no fine or costs 
have been paid by the defendant, the Chief of Police 
shall, upon the discharge of the defendant from custody, 
return the commitment to the clerk of the corporation 
court, with his endorsement thereon, showing the length 
of time the defendant was detained in custody, and the 
reason for his discharge. 

(l) No Reduction in Fine and Costs After Report — 

Hereafter there shall be no reduction of the fine and 
costs, or any part of the fine and costs, by the Recorder 
of the Corporation Court after the daily report of dock- 
eted complaints has been made and transmitted by the 
clerk of the court to the city auditor or city secretary, 
and all such fines and costs shall be paid in full to the 
clerk of the corporation court, except as hereinafter pro- 
vided, as follows: 

1. (a) New Trial— The Corporation Court may, 


CITY OF BEAUMONT 


101 


for a good cause, shown on motion in writing and filed 
with the clerk of the court, and service of said notice 
upon the city attorney, by copy or by acceptance, en- 
dorsed on said notice, grant the defendant a new trial, 
whenever he shall consider that justice has not been 
done the defendant in the trial of such case. 

(b) Application. — An application for a new trial 
must be made within two days after the rendition of 
judgment, and not afterward, and the execution of such 
judgment shall be stayed until after the motion for a new 
trial has been heard and granted. 

2. Appeal. — The execution of the judgment shall not 
be stayed until after the appeal bond has been approved 
and filed. 

(m) In aii cases mentioned in Article 349, Sub- 
division ‘ ‘ 1, ' ' of this chapter, the Recorder of the corpor- 
ation court may, in all cases where he has reason to be- 
lieve that an unjust or an excessive fine has been im- 
posed, recommend to the Mayor in writing, upon a blank 
to be prepared for that purpose, that the fine or the 
fines and costs imposed, or any part thereof be remitted, 
and the Mayor may, in his discretion, approve such rec- 
ommendation, modify or disapprove of the same in whole 
or in part, and the action of the Mayor shall be trans- 
mitted to the clerk of the corporation court, to be en- 
tered upon the corporation court docket by the clerk, and 
thereupon said clerk shall issue an order to the Chief of 
Police in accordance therewith, and said recommenda- 
tion of the recorder of the corporation court, ,with the 
approval of the Mayor endorsed thereon, shall be at- 
tached to and made a part of the order issued to the 
Chief of Police by said clerk. 

Article 321. Clerk to Keep Docket. — The clerk of 
the corporation court shall keep a docket, to be known as 
the “ Corporation Court Docket,” in which shall be en- 
tered: 1. The number of the case. 2. Date of filing. 
3. The name of the complainant. 4. Name of the de- 
fendant. 5. Nature of the offense. 6. Plea of the de- 
fendant. 7. Continuances. 8. Judgment of the court. 


102 


CHARTER AND ORDINANCES 


9. Amount of fine. 10. Amount of costs. 11. Total 
fines and costs. 12. Amount paid by defendant. 13. 
Amount for which defendant was committed. 14. Amount 
remitted. 15. Date released. 16. Appeal; (a) Date of 
filing appeal bond; (b) Final disposition. 17. Re- 
marks. 

Article 322. City Attorney Not to Nolle Prosequi. — 

The City Attorney shall not nolle prosequi a case un- 
less he shall file a written statement with the clerk of 
the corporation court, setting out his reasons for such 
dismissal, which reasons shall be incorporated in the 
judgment of the dismissal, and no case shall be dismissed 
without the permission of the Recorder of the Corpora- 
tion Court, who shall be satisfied that the reasons so 
stated are good and sufficient to authorize such dis- 
missal. 

Article 323. The failure upon the part of the Judge 
of the Corporation Court, or the clerk of the corporation 
court, to comply with the provisions of this chapter shall 
be cause for removal and impeachment of said officers, 
or either of them. 

Article 324. No One In Employ of City to Represent 
Violators of City Ordinance. — It shall be unlawful for 
any person who receives a salary from the City of Beau- 
mont to be in any way, directly or indirectly, interested 
in the defense of any person charged with the violation 
of any ordinance of the City of Beaumont, or of any of 
the criminal laws of the State of Texas, except so far as 
it may be necessary to give evidence in behalf of per- 
sons so charged with violating any of said ordinances, or 
any of said criminal laws. 

Article 325. That the provisions in regard to judg- 
ments, executions and the collection of fines, as pre- 
scribed by the Code of Criminal Procedure shall apply 
to the judgments, executions and collections of fines in 
the corporation court, the recorder having in regard to 
such matters all the powers of the Justice of Peace. 

Article 326. That the different provisions, rights, 


CITY OF BEAUMONT. 


103 


powers and modes of procedure recited in the law passed 
by the Twenty-Sixth Legislature of the State of Texas, 
entitled “An Act to establish and create in each of the 
cities, towns and villages of this State, a State court, to 
be known as the corporation court in said city, town or 
village, and to prescribe the jurisdiction and organiza- 
tion thereof, and to abolish Municipal Courts, ’ ’ are here- 
by adopted, so far as applicable, and are to be enforced 
and applied in the administration of the corporation 
court of the City of Beaumont. 

CHAPTER XXVI. 

FIRE DEPARTMENT. 

Article 327. Officers Of, Duties Defined.— The Fire 
Department of the City of Beaumont shall consist of 
such fire companies as shall be recognized by the City 
Council of the City of Beaumont, and it shall be a full 
paid fire department, the expenses of same to be paid 
out of the city treasury, as other items of expense are 
paid. 

The Fire Department shall have for its officers one 
chief of the Fire Department and one assistant chief, 
who at fires shall be ex-officio Chief of Police of the 
city, and shall have police powers at all fires. They shall 
upon appointment, receive certificates in the following 
words: “This certifies that A. B. is elected Chief (or 
assistant) Chief of the Fire Department of the City of 
Beaumont, and is entitled to all the powers belonging 
to said off ice/ ’ to be signed by the Mayor of the City 
of Beaumont. 

It shall be the Chiefs and Assistant Chiefs duty, 
whenever a fire shall break out in the city, to repair 
immediately to the place of such fire, and carry with 
them suitable badge of office, and take proper measures 
that the engines and other apparatus be arranged in the 
most advantageous manner, and only worked for the 
effectual extinguishment of fires. They are empowered 
to call for aid, if needed, from all persons present at 
fires to assist in extinguishing the same, or to remove 
furniture, goods or merchandise from the building on 


104 


CHARTER AND ORDINANCES 


fire or in danger of fire, to act as guards to secure the 
same, and also to assist in pulling down or demolishing 
any building where required. 

The Chief of the Fire Department shall be the 
medium of communication between the City Council and 
the Fire Department. He shall recommend to the Mayor 
such persons as may be necessary and who shall be 
deemed fit, under physical examination, for employment 
in the department, and such persons being nominated by 
the Mayor and confirmed by the majority vote of the 
council, shall be employed under contract for wages 
made by the Chief of the Fire Department and approved 
by the Mayor and Fire Committee. 

Article 328. Chief of the Fire Department Shall 
Have Sole Command at Fires. — The Chief of the Fire 
Department shall have the sole command at fires over all 
members of the Fire Department, and all other persons 
who may be present, and shall take proper measures for 
the extinguishing of fires, protection of property, pre- 
servation of order, and observance of the laws, ordi- 
nances and regulations respecting fires; and it shall be 
the duty of the Chief of the Fire Department to examine 
into the conditions of engines and other fire apparatus 
of the engine and other houses belonging to the city and 
used for the purposes of the Fire Department, as often 
as circumstances may render it expedient, or whenever 
required to do so by the Fire Committee or the City 
Council, and annually to report the same to the council; 
also to cause a full description of the same to be pub- 
lished annually, if the Fire Committee shall direct. It 
shall be, moreover, the duty of the Chief of the Fire De- 
partment to receive and transmit to the council all re- 
turns made of apparatus belonging to the department, 
and all other communications relative to the affairs of 
the Fire Department; to report to the council all fires 
which may happen in the city, with causes thereof, and 
number and descriptions of the buildings destroyed, 
with the names of the owners and occupants and an esti- 
mate of the losses by the same. 


CITY OF BEAUMONT. 


105 


Article 329. All Fire Department Property Under 
Control of Fire Chief.— All public property of the city, 
used for the extinguishing of fires, shall be under the 
exclusive control of the Fire Chief and no 
fire engine or apparatus belonging thereto shall be 
moved from their engine houses, except in cases of fire, 
or alarms of fire, or weekly drills without his express per- 
mission or orders from the Mayor or Fire Committee of 
the City Council. 

Article 330. Right to Inspect Houses Being Erected. 

— The Chief of the Fire Department and Assistant Chief 
shall have the right to examine all houses erected, or at 
any time being erected, in which fire is used and to report 
condition of the same. 

Article 331. Fire Alarm Boxes and Public Cisterns 
Under Charge of Chief of the Fire Department. — Such 
fire alarm boxes as may be established by order of the 
City Council, including the system now in use, shall be 
placed under the control of the Chief of the Fire De- 
partment, who may alter the fire wards and assign fire 
companies to such wards as he may deem proper. 

Article 332. Public Fire Hydrants to be Inspected 
Once Each Month. — It shall be the duty of the Chief of 
the Fire Department to inspect as often as once in each 
month all the public hydrants in the City of Beaumont 
for the purpose of ascertaining whether or not the same 
are in proper condition and it shall be his duty to file 
a report each month with the City Secretary, which shall 
be read at a meeting of the City Council, showing the 
results of his inspection. It shall also be his duty to ascer- 
tain by experiment as often as once in each month, wheth- 
or not the Beaumont Water Company is in condition to 
comply with the sixth clause of its contract with the City 
of Beaumont, the contract herein referred to being of 
date, May 7th, 1904, and his monthly report shall show 
the result of such experiment. 

Article 333. Assistant Chief to Aid Chief of Fire 

Department. — The Assistant Chief or Acting Chief will 


106 


CHARTER AND ORDINANCES 


at all times aid the Chief of the Fire Department 
in the discharge of his duty, but shall exercise no author- 
ity whatever infringing his powers. At fires he shall 
carry his orders to the foreman of companies, and shall 
ascertain where water can be obtained, and shall report 
the same to the Chief or Acting Chief in command. 

Article 334. To be Stationed at House of Respective 
Company. — The engineers, drivers and other employ- 
ployees in each fire company shall be stationed at the 
house of their respective companies, and shall always be 
on duty. They shall keep the apparatus in good order 
and always ready for service. 

Article 335. Mayor and Fire Committee to Have 
Charge Of. — The Mayor and Fire Committee of the City 
Council shall at all times have supervision over all the 
affairs of the Fire Department and over all the public 
property used in the service of the Department, and the 
Fire Committee shall report from time to time to the 
Mayor and the City Council upon the efficiency and in- 
efficiency of its officers and members. 

Article 336. Other Duties of the Chief of the Fire 
Department and Assistant Chief, Method and Time of 
Electing and Term of Service. — The Chief of the Fire 
Department and Assistant Chief shall be elected by ma- 
jority vote of the City Council, on nomination by the 
Mayor, the first election to take place as provided by 
Section 8, of the Charter, and such officers and those 
now holding said offices shall serve until their successors 
are chosen and qualified, unless sooner removed for 
cause by vote of two-thirds of all the aldermen elected. 

The Chief of the Fire Department and the Assistant 
Chief shall be liable to be removed from office or sus- 
pended for a designated period during their term of ser- 
vice by a sustained impeachment before the City Coun- 
cil, two-thirds of all the aldermen elected voting to sus- 
tain the charge. They may be impeached for incompe- 
tency, habitual neglect of duty, or bribery. All charges 
against the Chief of the Fire Department or the Assist- 
ant Chief must be made in writing and presented to the 


CITY OF BEAUMONT. 


107 


Fire Committee of the council, and due notice given to 
the accused. 

Before entering upon the duties of their respective 
offices, the Chief of the Fire Department and the As- 
sistant Chief shall make the following oath before the 

Mayor: “I, , do solemnly swear that I will 

faithfully observe the laws of the State of Texas and 
the ordinances of the City of Beaumont, and to the best 
of my ability perform the duties of my office.” 

If a vacancy occurs in any of the offices, it shall be 
the duty of the Mayor to nominate a suitable person for 
confirmation as in the manner aforementioned, to fill 
such vacancy or vacancies within such time as he may 
deem desirable after such vacancy may occur. 

All persons at a fire shall give aid in suppressing it 
when called upon to do so by the Mayor, Chief of Police, 
or any officer of the department; and any one refusing 
or neglecting to render such assistance shall, upon con- 
viction thereof before the recorder, be fined not more 
than Twenty-five Dollars. 

To prevent the spread of fire, the Fire Chief may 
order any building or fence to be blown up or otherwise 
removed. 

The Assistant Chief shall convey the orders of the 
Chief to the officers of the different companies, and aid 
in the execution of them, and perform all other duties 
which he may require of him; and in the absence of the 
Fire Chief, the Assistant shall have the authority and 
perform the duties of Fire Chief. 

It shall be the duty of the Fire Chief to visit and 
inspect buildings in process of construction within the 
corporate limits of the city. He shall thoroughly inspect 
and report to the Mayor the cause and origin of all fires 
occurring within the corporate limits of the city. 

He shall be required, and for this purpose is hereby 
authorized to visit and enter all buildings within the 
corporate limits of the City of Beaumont to ascertain the 


108 


CHARTER AND ORDINANCES 


arrangement and condition of the flues, stove pipes and 
apparatus for heating used in said buildings. He shall, 
at the request of any citizen occupying any house within 
the corporate limits of the city, visit and inspect their 
flues, chimneys, stove pipes and other apparatus for 
heating used in said building, and recommend such al- 
terations as he may deem necessary. 

Article 337. Injuring Fire Apparatus. — Any per- 
son who shall interfere with or cut, or injure any of the 
boxes, wires or poles, or any of the appurtenances there- 
to, of the electric alarm system of the City of Beau- 
mont, shall be fined not less than ten nor more than one 
hundred dollars. 

Article 338. Driving Over Fire Hose. — Any person 
who unlawfully, wilfully or maliciously drives or causes 
to be driven, any vehicle over or across any hose used 
for conducting water from any fire engine, fire plug or 
hydrant, may be fined not more than one hundred dol- 
lars. 


Article 339. False Alarm of Fire. — If any person 
shall falsely or maliciously by any means whatsoever, 
give an alarm of fire when there is no fire, he shall be 
deemed guilty of an offense, and upon conviction thereof, 
shall be fined in any sum not less than twenty-five nor 
more than one hundred dollars. 

Article 340. Vehicles of Fire Department to Have 
Right of Way. — Vehicles and apparatus of the Fire De- 
partment of the City of Beaumont, shall have the right 
of way in and upon all streets and avenues of said city 
over all other vehicles of every kind and character, as 
well as persons on bicycles and horses and the sound- 
ing of the bell or gong thereon, as well as the bell from 
the fire alarm apparatus, shall constitute a warning to 
the persons hereinafter named to clear the streets and 
avenues and do things hereinafter required. That the 
ordinance limiting the speed of vehicles shall not be 
deemed to apply to the vehicles above named. 

Article 341. Street Cars to Stop as Near Center of 


CITY OF BEAUMONT. 


109 


Block. — That every motorman operating a street car 
within the said city of Beaumont, upon the sounding of 
the fire alarm, or the ringing of the bell or sounding 
of the gong on any vehicle or apparatus of the Fire De- 
partment of said city, shall stop as near to the center of 
the block as it is possible whenever any engine, cart, 
wagon or other vehicle or apparatus of the said Fire De- 
partment of the City of Beaumont is about to cross the 
tracks on which the cars he is operating is running, and 
shall so remain standing until such engines, carts, 
wagon or other vehicle or apparatus has passed. 

Article 342. Drivers of Carriages, etc. — To Drive 
as Near the Curb as Possible. — Every driver of any and 

every kind of carriage, wagon, or other vehicle drawn 
by animals, or operator of any kind of motor vehicle, or 
the rider pf any horse or bicycle, within the said City of 
Beaumont, upon the sounding of the bell from the fire 
alarm apparatus or the ringing of the bell or sounding of 
the gong on any wagon, or apparatus of said Fire De- 
partment, shall drive as near the curb as possible, and at 
least ten feet from the corner of the street, and stop, 
whenever any engine, cart, wagon, or other vehicle or 
other apparatus of said Fire Department is about to 
cross or travel along the street or avenue upon which 
said vehicle is standing or being driven, and shall so 
remain standing until such engine, cart, wagon, or other 
vehicle or apparatus has passed. 

Article 343. Pedestrians to Get on Sidewalks. — 

That each and every pedestrian within the sai.d City of 
Beaumont, upon the said sounding of the bell from the 
fire alarm apparatus, or the ringing of the bell or sound- 
ing of the gong on any vehicle or apparatus of the Fire 
Department, shall get upon the sidewalk and there re- 
main until said engine, cart, wagon or other vehicle or 
apparatus has passed. 

Article 344. Penalty. — That the failure of any per- 
son named herein to comply with the provisions of the 
last preceding four articles, or any part of same, shall 
constitute an offense, and upon conviction such person 


110 


CHARTER AND ORDINANCES 


shall be fined in any sum not less than ten dollars and 
not more than one hundred dollars. 

CHAPTER XXVII. 

PUBLIC PARKS. 

Article 345. Authorizing City to Own and Operate 
Public Parks. — That the city may purchase, acquire 
construct and maintain, and operate and own any num- 
ber of public parks, for the benefit of its citizens, either 
inside or outside of the city of Beaumont, as provided by 
Section 45, Number 4 of its City Charter. 

Article 346. Prohibiting Sale or Offering for Sale 
of Merchandise in Public Parks. — That it shall be un- 
lawful for any person or persons, firm, partnership, cor- 
poration or corporations, his, its, or their agents or em- 
ployees under any name or style whatsoever to barter, sell, 
expose or offer for sale any goods, wares or merchandise 
of any kind whatsoever in any public park belonging to 
the City of Beaumont, and particularly in Keith Park in 
said City, said Keith Park being bounded by Pearl 
Street on the west, Main Street on the east, Forsythe 
Street on the north and Wall Street on the south. 

Article 347. Penalty. — Any person or persons, firm, 
partnership, corporation or corporations, his, its or their 
agents or employees, under any style of name whatso- 
ever, violating this ordinance shall be deemed guilty of 
a misdemeanor and upon conviction in the corporation 
court of the City of Beaumont, shall be fined not less 
than one nor more than ten dollars and each sale shall 
be deemed a separate offense, and further, that if no 
sales are made, each day or part of day that any goods, 
wares or merchandise are exposed or offered for sale 
shall constitute a separate offense. 

Article 348. Prohibiting Bicycle Riding, Pulling 
Flowers, or Injury to Trees, etc. — Throwing, Hitching 
Horses, etc. — in Public Parks. — That it shall be a penal 
offense and all persons are forbidden to ride on a bicycle 
in or through any public park, or on any of the walks 


CITY OF BEAUMONT. 


Ill 


thereof; or to pull the flowers or in any manner to in- 
jure or deface the plants, trees or other property con- 
nected with or belonging to the said parks; or to throw 
sticks, stones or other articles or obstructions in the basin 
in any park or to hitch horses to the trees of said parks 
or the guards on the outer walks thereof. 

Article 349. Penalty. — Any person violating the 
provisions of this ordinance shall be punishable by a fine 
of not less than five dollars and not exceeding two hun- 
dred dollars. 

CHAPTER XXVIII. 

CITY FINANCES. 

Aricle 350. Shall Procure Set of Books. — It is here- 
by made the duty of the City Secretary or the Purchas- 
ing Agent, to procure, at the expense of the city, and 
keep a set of well bound books, and enter, or cause to be 
entered therein a full, complete and orderly statement 
of accounts of the finances of the city. 

Article 351. Shall Keep an Account With Officers. — 

The City Secretary shall open and keep therein accounts 

with every officer of the city, or person who is now or 
may hereafter be authorized or required by law to receive 
or collect and disburse or dispose of any money or other 
property or effects of the city, and shall keep such other 
accounts as may be required by law, or necessary to 
carry out the provisions of this ordinance. 

Article 352. Books Indexed. — The said accounts 
shall be kept regular in bookkeepers style, and properly 
indexed for convenient reference. 

Article 353. The Collector Retiring From Office 
Shall Take a Receipt for Rolls Separately. Amount Due, 
etc. — Whenever a collector shall go out of office, he shall 
deliver to his successor the tax rolls in his possession, 
and shall receive from him a receipt in writing for such 
rolls, stating the amount due to each fund, and for each 
year separately, also the amount due on the indigent and 


112 


CHARTER AND ORDINANCES 


delinquent lists, which receipt he shall deliver to the 
City Secretary in settlement of his accounts with the in- 
coming Collector. 

Article 354. City Treasurer Shall Register Claims 
and Pay No Unregistered Claims. — The City Treasurer 
shall keep a well bound book, in which he shall register 
all valid claims against the city, when presented to him 
for registration, and no claim, or any part thereof, 
against the city shall be paid by said Treasurer nor shall 
the same or any part thereof be received by any officer in 
payment of any indebtedness to the city, until it has been 
duly registered in accordance with the provisions of this 
ordinance. 

Article 355. Claims Registered, and When Audited 
in Three Classes. — Claims against the city shall be reg- 
istered and numbered and when audited and approved, 
in three classes, separately, as follows: 

1. Scrip and liabilities accruing on account of pub- 
lic schools. 

2. All scrip and liabilities accruing on account of 
roads, streets and bridges. 

3. All scrip and liabilities accruing on account of 
any other matters of city government, and this shall be 
denominated “ General Indebtedness. 9 ’ 

Article 356. Claims, How Registered. — Each claim 
shall be registered in its appropriate class, stating tiie 
name of the payee, the amount, date of the registration, 
the number of the claim, in the order of its registration, 
and by what authority, and the purposes of service for 
which same was issued. The Treasurer shall write on 
the face of each claim registered its number and date 
of registration, and sign the same officially. ' 

Article 357. Claims, How Numbered. — Claims shall 
be numbered of each class, in order presented, and if 
more than one claim be presented at one and the same 
time, they shall be numbered in order of their dates. 

Article 358. Claims, How Paid Off. — The Treasurer 


CITY OF BEAUMONT. 


113 


shall pay off the claims in each class in order of their 
registration. 

Article 359. Funds, Classed How. — The funds re- 
ceived by the Treasurer shall be classed as follows: 

1. Public school fund, No. 1, from the State; No. 2, 
from the county; No. 3, from the city, to be kept sepa- 
rately. 

2. Street, road and bridge fund, constituted of funds 
received under provision of the street, road and bridge 
law, or under any appropriations made by the City Coun- 
cil for improvement of streets, roads and bridges. 

3. General fund, embracing all funds arising and 
accruing in any other manner, and for any other pur- 
pose and not made special. 

Article 360. City Council May Cause Other Ac- 
counts to be Kept, etc. — The City Council may cause 
other accounts to be kept, and create other classes of 
funds, as it may deem proper, and require the scrip to 
be issued against the same, registered accordingly, and 
may transfer the money on hand from one fund to an- 
other, as in its judgment is necessary and just to claim- 
ants; provided, that no fund shall be transferred from 
the public school fund, or first-class to any other fund, 
except by ordinance or resolution of said Council, en- 
tered on its minutes, and then only when authorized by 
law. 

Article 361. Scrip Must be Indorsed When Trans- 
ferred. — No scrip or evidence of city indebtedness shall 
be paid to, or received from any person other than the 
original payee thereof, unless it shall have been trans- 
ferred by the payee, by indorsement in blank, or other- 
wise, in writing, to the holder, or party presenting the 
same, or proof to be made before the City Council, to 
its satisfaction, of the transfer thereof to the party pre- 
senting the same, and his right to receive payment 
thereof, or unless it be established that he is entitled 
to have payment of the same by judgment of a court of 
competent jurisdiction. 


114 


CHARTER AND ORDINANCES 


Article 362. Chief of Police and Collector Shall 
Make Report. — The Chief of Police and the City Collec- 
tor and Assessor of Taxes shall make reports monthly 
of monies and funds of every character collected by him, 
or them for the city, and pay the same over as provided 
by these ordinances, prescribing what property is sub- 
ject to taxation, and the manner or rendering, assessing 
and collecting the same, as also all road taxes, occupa- 
tion taxes, etc., and shall, after each monthly report has 
been examined and approved by the City Council, be 
charged and credited accordingly, so that strict and 
proper debits and credits may be kept with said Chief 
of Police and Collector of all monies received and paid 
out. 


Article 363. Treasurer Must Receive and Pay Out, 
Keep Correct Accounts, Assist in Suits For, etc. — The 

Treasurer shall receive, pay out, and apply the city’s 
monies as required by law, and in such manner as the 
City Council may require and direct, and keep a just, 
true and correct account of all receipts and disburse- 
ments of all funds which shall come into his hands, and 
direct the institution of suits and prosecutions, accord- 
ing to law, for the recovery of all debts that may be due 
the city, and superintend the collection thereof; pro- 
vided that this is not intended to conflict with the du- 
ties of other officers as provided for elsewhere in these 
ordinances, and no suit shall be instituted or prosecuted, 
or proceeding had in the name of the city without the 
consent of the City Council. 

(EXTRACTS FROM STATE LAWS.) 

Section 34. The City Council of every city of the 
State of Texas incorporated under the general laws 
thereof or incorporated under special Charter, at its 
first regular meeting after this Act shall take effect, and 
its regular meeting in July of each year thereafter, is 
authorized to receive sealed proposals for the custody 
of the city funds from any banking corporation, associa- 
tion or individual banker doing business within the city 
that may desire to be selected as the depository of the 


CITY OF BEAUMONT. 


115 


funds of the city. The school funds, from whatever 
source derived, of incorporated cities is a part of the 
city funds and is subject to the provisions of this act. 

Notice that such bids will be received shall be pub- 
lished by the City Secretary not less than one nor more 
than four weeks before such meeting in some newspaper 
published in the city. Any banking corporation, asso- 
ciation or individual banker doing business in the city, 
desiring to bid, shall deliver to the said City Secretary 
on or before the day of such meeting, designated by said 
published notice, a sealed proposal stating the rate per 
cent upon daily balances that said banking corporation, 
association or individual banker offers to pay to the ctiy 
for the privilege of being made the depository of the 
funds of the city for the year next following the date of 
such meeting; or in the event that said election shall be 
made for a less term than one year, as hereinafter pro- 
vided, then for the time between the date of bid and the 
next regular time for the selection of a depository as 
aforesaid. All such proposals shall be securely kept by 
the Secretary, and shall not be opened until the meeting 
of the council for the purpose of passing upon same; 
nor shall any other proposals be received after they shall 
have been opened. It shall be a misdemeanor for the 
City Secretary or other person to open any of said pro- 
posals or to disclose directly or indirectly the amount 
of such bid to any person or persons before the selection 
of such depository, and upon conviction, he shall be 
fined in a sum of not less than ten nor more than One 
Hundred Dollars. 

From the Laws of 1907 — Page 132. — Sec- 
tion 1. As Amended.) (Sec. 35. Upon the opening 
of the sealed proposals submitted, the City Council shall 
select as a depository of the funds of the city the banking 
corporation, association or individual banker offering to 
pay the city the largest amount for such privileges; pro- 
vided, however, the council shall have the right to re- 
ject any and all bids, and readvertise for new proposals. 
Within five days after the selection of such depository 
it shall be the duty of the banking corporation, associa- 


116 


CHARTER AND ORDINANCES 


tion or individual banker so selected to execute a bond, 
payable to the city, to be approved by the Mayor with 
the concurrence of the City Council and filed with the 
City Secretary, with not less than three solvent sureties, 
who shall own unencumbered real estate in the county in 
which said city is located, of as great value as the amount 
of said bond, or said depository may make said bond in 
some approved fidelity and surety company, the penalty 
of said bond to be at least double the total resources of 
the city for the preceding fiscal year, and conditioned 
for the faithful performance of all duties and obligations 
devolving by law or ordinances upon said depository, and 
for the payment on the presentation of all checks drawn 
upon said depository by the City Treasurer, whenever 
any funds shall be in said depository applicable to the 
payment of said check, and that all funds of the city 
shall be faithfully kept by said depository, and with 
the interest thereon accounted for according to law; 
and for a breach of said bond, the city may maintain 
an action in its name. 

Section 36. As soon as said bond shall be given and 
approved, an order shall be made by the council desig- 
nating said banking corporation, association, or indi- 
vidual banker as the depository of the funds of the city 
until the time fixed by this Act for another selection 
and such order shall be entered upon the minutes. It 
shall be the duty of the City Treasurer immediately upon 
making of said order to transfer to said depository all 
funds in his hands belonging to the city and immediately 
upon the receipt of any money thereafter he shall de- 
posit the same with the said depository to the credit of 
the city, and for each and every failure to make such 
deposit, the treasurer and his bondsmen shall be liable 
to said depository for ten per cent per month upon the 
amount not so deposited, to be recovered by civil action 
in any court of competent jurisdiction. If any banking 
corporation, association, or individual banker, after hav- 
ing been selected as such depository, shall fail to give 
bond within the time provided by this Act, then the se- 
lection of such banking corporation, association, or in- 


CITY OF BEAUMONT. 


117 


dividual banker as the depository of the city funds shall 
be set aside and be null and void, and the City Council 
shall, after notice published in the manner hereinafter 
provided, proceed to receive new bids and select other 
depository. 

Section- 37. It shall be the duty of the City Treas- 
urer upon presentation to him of any warrant drawn by 
the proper authority, if there shall be money enough in 
the depository belonging to the fund upon which said 
warrant is drawn and out of which the same is payable, 
to draw his check as the City Treasurer upon the city 
depository in favor of the legal holder of said warrant, 
and take up said warrant and charge the same to the 
fund upon which it is drawn ; but in no case shall the City 
Treasurer draw any check upon any fund in the city de- 
pository unless there is sufficient money belonging to 
the fund upon which said warrant is drawn to pay the 
same. No money belonging to the city shall be paid out 
of the city depository except upon the checks of the City 
Treasurer; and all such checks shall be payable by said 
depository at its place of business in the city. In case 
any bonds or coupons or other indebtedness of the city 
are payable, by the terms of such bonds, coupons or 
other indebtedness, at any particular place other than 
the City Treasury, nothing herein contained shall pre- 
vent the City Council from causing the Treasurer to 
withdraw from the depository and to place at the place 
where such bonds, coupons or other indebtedness shall 
be payable at the time of their maturity, a sufficient sum 
to meet the same. 

Section 38. If, for any reason, no selection of a de- 
pository is made at the time fixed by this Act, the City 
Councii may at any subsequent meeting, after notice 
published as hereinbefore provided, receive bids and 
select a depository in the manner herein set out, and the 
banking corporation, association or individual banker 
so selected shall remain the depository until the next 
regular term for the selection of a depository, unless the 
order selecting it be revoked for the causes specified in 
this Act. If the City Council shall at any time deem it 


118 


CHARTER AND ORDINANCES 


necessary for the protection of the city, it may, by reso- 
lution, require the depository to execute a new bond and 
upon failure to do so, within five days after the service 
of a copy of the resolution on said depository, the City 
Council may proceed to select another depository in the 
manner hereinbefore provided. The City Treasurer 
shall not be responsible for any loss of the city funds 
through negligence, failure or wrongful act of such de- 
pository, but nothing in this Act shall release said Treas- 
urer from responsibility for any loss resulting from an 
official misconduct on his part or from responsibility for 
the funds of the city at any time when, for any reason, 
there shall be no city depository, or until a depositor 
shall be selected and the funds deposited therein, or 
for any misappropriation of such funds in any manner 
by him. 

Section 39. No check shall be drawn upon the city 
depository by the Treasurer except upon a warrant signed 
by the Mayor and attested by the secretary. No warrant 
shall be drawn by the Mayor and Secretary upon any of 
the special funds created for the purpose of paying the 
bonded indebtedness of said city in the hands of the 
City Treasurer, or in the depository, for any purpose 
whatsoever other than to pay the principal or interest 
of said special fund, or for the purpose of investing said 
special fund according to law. No City Treasurer shall 
pay off, or issue a check, to pay any money out of the 
special fund created for the purpose of paying any 
bonded indebtedness of said city other than for the pur- 
pose to pay interest due on said bond, the principal of 
said bonds or for the purpose of making an investment of 
said fund according to law. Any Mayor who shall draw 
a warrant against a special fund as above defined for 
any other purpose than above specified, or any City 
Treasurer who shall pay, or issue a check to pay a war- 
rant drawn on the special fund of any city other than for 
the legal purposes of paying interest due on said bonds, 
the principal of said bonds, or for investing said sinking 
fund according to law, shall be guilty of felony, and upon 
conviction shall be confined in the penitentiary for any 


CITY OF BEAUMONT. 


119 


term not less than one year nor more than five years. 
The Treasurer shall report to the council, on or before its 
first regular meeting of July in each year, the amount 
of receipts and expenditures of the treasury, the amount 
of money on hand in each fund, the amount of bonds fall 
ing due for the redemption of which provision must be 
made; also the amount of interest to be paid during the 
next fiscal year, and such other reports as existing law 
requires of him. 

Section 40. All provisions of this Act shall apply to 
towns and villages incorporated under the General Laws 
of Texas, as well as cities so incorporated, and the term 
“City Council” as herein used shall be construed to in- 
clude the Board of Aldermen of such towns or villages; 
the terms “City Secretary” and “Secretary” shall be 
construed to include the clerk or secretary of such town 
and village; the term “City Treasurer” shall be con- 
strued to include the Treasurer of such towns and vil- 
lages, and the term “City” shall be construed to include 
towns and villages.) 

(From the Laws of 1905, pages 396-397 and 398. 
Sections 35-36-37-38-39 and 40.) 

Article 364. City Treasurer Shall Render Report of 
Receipts and Disbursements, Which Shall Show, What 
Shall Exhibit, Books, Assist in Suits for, Accounts, 
Vouchers, etc. — The City Treasurer shall render a de- 
tailed report of all monies received and disbursed by 
him, and of all proceedings in his office, or by him in 
behalf of the city, to the City Council, filing the same 
with the Secretary ending with the last day of the last 
month before each regular monthly meeting of the Coun- 
cil, and shall make such reports in such manner as that 
the state of each fund will be exhibited separately, and 
that each receipt and disbursement may be placed and 
identified and properly charged and credited to the va- 
rious officers and persons who received and disbursed 
the same; and shall exhibit to the Council at every such 
meeting, and at such other times as he shall be required 
by the City Council, or its Finance Committee, all his 


120 


CHARTER AND ORDINANCES 


books, accounts and vouchers, to be inspected, audited 
or allowed by the Council, or its Finance Committee, as 
the case may be, and shall make such pther reports as 
required by the Charter or Ordinances, or by the City 
Council; and for the failing or refusing of the City 
Treasurer to make such reports or exhibits, as required 
by this ordinance, he shall, on trial and conviction before 
the Mayor ’s court, be punished by a fine of not less than 
five ($5.00) (Dollars, nor more than One Hundred ($100.00) 
Dollars. 

Article 365. Treasurer Shall Not Pay Out Money, 
Except, When. — The City Treasurer shall not pay out 
any money out of the city treasury except in pursuance of 
authority of the City Council and a certificate or war- 
rant signed by the Mayor, attested by the City Secretary 
and properly numbered and registered, and showing the 
fund out of which the same is required to be paid, unless 
otherwise specially directed by the City Council. No 
warrant shall bear any interest. 

Article 366. City Council Shall, at First Regular 
Meeting, Examine Reports. — The City Council shall, at 
the first regular meeting in each month, examine all re- 
ports relating to the finances of the city, compare them 
with the vouchers accompanying them, cause such correc- 
tions of the reports and accounts as are necessary and 
proper to be made, and cause all orders and resolutions 
of the Council thereon to be properly entered upon the 
minutes of the Council and noted on accounts and re- 
ports. 

Article 367. Reports and Vouchers Filed. — All re- 
ports and vouchers shall be filed and carefully preserved 
in the office of the City Secretary, and briefly noted, 
when approved, in the city ledger. 

Article 368. All Reports Sworn To. — All reports of 
the city officers shall be sworn to by them before some 
officer authorized to administer oaths. 

Article 369. Must be Filed on or Before the First 
Regular Meeting of the Month. — All reports required of 


CITC OF BEAUMONT. 


121 


the city officers shall be filed on or before the first regu- 
lar meeting of the Council after the month for which 
they were made. 

Article 370. Claims and Vouchers to be Cancelled 
Before Filed for Preservation. — When claims against 
the city are properly paid off or received by the Treas- 
urer, and accompanying his reports as vouchers, and 
such report and vouchers are approved, such claims or 
evidence of indebtedness of the city before being filed 
for preservation shall be cancelled by the City Council 
and under its direction in open session by causing the 
word ‘ 4 Cancelled ’ ’ with the date thereof, to be written 
or stamped on the face thereof, and attested by the Sec- 
retary, or his official signature. 

Article 371. Treasurer Shall Pay Certificates. — The 

Treasurer shall pay such certificates of indebtedness as 
directed by the Ordinances and resolutions of the City 
Council, in order of their dates, out of the particular 
funds to which they appertain. 

Article 372. Method of Accounting and Making Re- 
ports. — That on and after April 1st, 1910, the books and 
accounts of all public records and documents and meth- 
ods of transacting public business of the City of Beau- 
mont shall conform to the plan of accounting, and the 
auditing to the plan of transacting business embraced 
in the following; 

CLASSIFICATIONS. 

The classification of revenue and all accounts and 
records in connection therewith, shall be as follows: 

ASSETS AND LIABILITIES. 

ASSETS. 

Active. 

Cash in Bank. 

Cash on Hand. 

Taxes — Current. 

Taxes — Arrears. 

Advances — Public work in progress. 


122 


CHARTER AND ORDINANCES 


Advances — Local improvements in progress. 
Other advances. 

RESERVE SINKING FUND. 


FIXED. 

General. 

Land. 

City Hall Buildings. 

Other Buildings. 

City Hall F. & F. 

Police Department. 

Land. 

Buildings. 

Equipment. 

Live Stock. 

Fire Department. 

Land. 

Buildings. 

Equipment. 

Live Stock. 

Fire Alarm System. 

Health Department. 

Land. 

Building. 

Equipment. 

Public Parks. 

Land. 

Furniture and Fixtures. 

Public Markets. 

Land. 

Buildings. 

Fixtures. 

Street and Bridge Department. 

Buildings. 

Public Works Equipment. 
Live Stock. 


CITY OF BEAUMONT. 


123 


School. 

Equipment. 

PASSIVE. 

Street and Bridge Department. 

Pavements. 

Bridges. 

Sidewalks. 

Sewers. 

Wharves. 

LIABILITIES. 

Bonded. 

Bonds. 

Floating. 

Interest coupons due and unpaid. 
Bills payable. 

Accounts payable. 

Warrants due and unpaid. 

Other indebtedness. 

Capital. 

Surplus of assets over liabilities. 

REVENUE AND EXPENSES. 
REVENUES. 

Ordinary. 

Taxes. 

Licenses. 

Corporation Court fines. 

Pound fees and costs. 

Dog tax. 

Market fees. 

Rents. 

Permits. 

Interest on deposits. 

Extraordinary. 

Sale of bonds. 


124 


CHARTER AND ORDINANCES 


Loans— Current. 

Sinking fund. 

Sinking fund interest. 

Other sources. 

EXPENSES. 

Ordinary. 

General Government. 

Tax collection department. 

Corporation Court. 

Police department. 

Fire department. 

Health department. 

Public parks. 

Public pound. 

Public market. 

Street and Bridge department. 

City engineering department. 

Charities. 

Contingencies. 

Interest. 

Other sources. 

Extraordinary. 

Loans — Current. 

Bonds. 

Interest coupons. 

Public works in progress. 

Local improvements in progress. 

Other sources. 

ACTIVE ASSETS 

Comprise cash on hand and in banks, taxes, cur- 
rent and arrears outstanding; rents, advances on 
account of permanent public works or local im- 
provements, and other miscellaneous items. 

RESERVE ASSETS 

Include sinking funds on general or local im- 
provement accounts and other special trust funds. 


CITY OF BEAUMONT. 


125 


FIXED ASSETS 

Include all permanent investments as City Hall 
and furniture; Fire Halls and equipment; Police 
Buildings and equipment; Markets; School build- 
ings and equipment; Public Works equipment; 
Public Parks; Hospitals, Real Estate and other in- 
vestments of like nature. 

PASSIVE ASSETS 

Include Pavements, Sidewalks, Bridges, Sewers, 
Wharves, Local Improvements, etc. These repre- 
sent investments, which, while somewhat perma- 
nent in character, are intended to be written off 
as the bonds issued to cover the cost thereof are 
redeemed, the life of the work and of the bonds 
intended to be concurrent on this class is also 
included the item of local improvements of an 
amount equal to the bonded indebtedness out- 
standing on that account, an annual reduction be- 
ing made equivalent to the yearly redemption of 
bonds. 


BONDED LIABILITIES 

Include General Bonds and certificates of indebt- 
edness. 

FLOATING LIABILITIES 

Include bonds and certificates of indebtedness due 
and unpaid ; interest coupons due and unpaid, cur- 
rent loans and accounts payable. 

CAPITAL LIABILITY 

Represents simply the surplus of Assets over Lia- 
bilities. 


REVENUES. 

The municipal revenues for each year consist of 
amounts due by levy or otherwise from all sources, 


126 


CHARTER AND ORDINANCES 


to the corporation, although these may not neces- 
sarily be collected within the period. Taxes, Li- 
censes, Fines, Fees, Rents and permits, Interest on 
Deposits form the ordinary source of revenue. The 
extraordinary revenues are derived from sale of 
Bonds, temporary loans, sale of public property, 
franchises and the like. 

EXPENSES 

Include the cost incurred in the conduct and main- 
tenance of municipal government otherwise called 
“Operating Expenses.” To present a true state- 
ment, all the accounts for debts contracted within 
the year should, at the close of the fiscal period, be 
passed by the council, and, if immediate payment 
is not possible, be carried to the credit of the in- 
dividual and charged to the proper accounts of 
expense. These debits, being then recorded as 
ledger liabilities, will appear in your balance sheet 
as such, and the expenditures of the year will pre- 
sent a true statement of the condition of affairs. 

CLASSIFICATION OF CONSTRUCTION ACCOUNTS. 

GENERAL. 

1. LAND 

Includes the present value of all lands, etc. The 
cost of all improvements of a permanent nature 
belonging to this account must also be charged 
to it. 

2. CITY HALL BUILDING 

Includes the present value of the City Hall Build- 
ing and the cost of all future improvements of a 
permanent nature. 

3. OTHER BUILDINGS 

Includes the present value of all buildings of a 
general nature and the costs of all the permanent 
improvements thereto. 


CITY OF BEAUMONT. 


127 


4. CITY HALL, FURNITURE & FIXTURES 

Includes the present value of Vaults, Safe, Furni- 
ture, Typewriters, Adding Machines, Binders and 
all Fixtures used, in the City Hall offices and coun- 
cil chamber and future additions. 

POLICE DEPARTMENT. 

1. LAND 

Includes the present value of all lands in this de- 
partment and the cost of all future improvements 
of a permanent nature. 

2. BUILDINGS 

Includes the present value of Jail, Lock-ups, Sta- 
bles and other buildings of the Police Department, 
and all future improvements of a permanent na- 
ture. 

3. EQUIPMENT 

Includes the present value of patrol and other 
wagons, harness, tools, furniture, fixtures, uni- 
forms, badges, etc., and the cost of future addi- 
tions. 

4. LIVESTOCK 

Includes the present value of all live stock in tho 
Police Department and the cost of subsequent ad- 
ditions. 

FIRE DEPARTMENT. 

1. LAND 

Includes the present value of all lands in this de- 
partment and cost of all future improvements of 
a permanent nature. 

2. BUILDINGS 

Include the present value of main Fire Station, 
sub-stations and all other buildings of this depart- 
ment, and the cost of subsequent additions 
thereto. 


128 


CHARTER AND ORDINANCES 


3. EQUIPMENT 

Includes the permanent value of engines, trucks, 
Hose, Harness, Tools, Furniture, Fixtures, Bed- 
ding, Uniforms, etc., and the cost of future addi- 
tions thereto. 

4. LIVESTOCK 

Includes the present value of all Live Stock in 
the Fire Department and cost of subsequent ad- 
ditions thereto. 

5. FIRE ALARM SYSTEM 

Includes the present value of the Fire Alarm Sys- 
tem and the cost of the subsequent additions 
thereto. 

HEALTH DEPARTMENT. 

1. LAND 

Includes the present value of all lands in this De- 
partment and the cost of future improvements of a 
permanent nature. 

2. BUILDINGrS 

Includes the one-half present value of Isolation 
Hospital and the cost of subsequent additions 
theretq chargeable to the city. 

3. EQUIPMENT 

Includes the present value of all furniture, Fixt- 
ures, and appliances used in the Isolation Hospital 
and the cost of subsequent additions thereto. 

PUBLIC PARKS. 

1. LAND 

Includes the present value of all lands used for 
public parks and pleasure grounds, and the cost of 
subsequent improvements of a permanent nature. 

2. FURNITURE AND FIXTURES 

Includes the present value of all park fountains, 


CITY OF BEAUMONT. 


129 


benches, ornaments, railings and the like, and all 
subsequent additions thereto. 

PUBLIC POUNDS. 

1 . 

Includes the present value of land, buildings and 
equipments owned by the city, and subsequent ad- 
ditions thereto. 

PUBLIC MARKETS. 

1. LAND 

Includes the present value of site upon which is 
built the Market, and the cost of all subsequent 
land purchased for the Market Purposes and per- 
manent improvements thereon. 

2. BUILDINGS 

Includes the present value of Market Buildings 
and the cost of all future additions thereto. 

3. FIXTURES 

Includes the present value of all Market House 
fixtures and the cost of all future additions 
thereto. 

STREET AND BRIDGE DEPARTMENT. 

1. BUILDINGS 

Includes the present value of tool houses, Stables 
and all other buildings of this department and 
cost of the subsequent additions thereto. 

2. PUBLIC WORKS EQUIPMENT 

Includes the present value of Rollers, Road Ma- 
chines, Sweepers, Sprinklers, Carts, Wagons, 
Tools, etc., owned by this department and the cost 
of subsequent additions thereto. 

3. LIVE STOCK 

Includes the present value of all live stock owned 


130 


CHARTER AND ORDINANCES 


by this department and the cost of all subsequent 
additions thereto. 

4. PAVEMENTS 

Includes the present value of all pavement and 
the cost of subsequent additions thereto, all based 
on the city’s actual expenditure. 

5. SIDEWALKS 

Includes the present value of all sidewalks and 
the cost of the subsequent additions thereto, all 
based on the city’s actual expenditure. 

6. BRIDGES 

Includes the present value of all bridges and the 
cost of subsequent additions thereto. 

7. SEWERS 

Includes the present value of the sewerage sys- 
tem and the cost of subsequent additions thereto. 

8. WHARVES 

Includes the present value of all wharves and the 
cost of subsequent additions thereto. 

CITY ENGINEERING DEPARTMENT. 

1. EQUIPMENT 

Includes the present value of instruments, furni- 
ture and fixtures for this department and the cost 
of subsequent additions thereto. 

SCHOOL DEPARTMENT. 

1. EQUIPMENT 

Includes the present value of school furniture, 
fixtures, appliances, etc., and all subsequent addi- 
tions thereto. 


CITY OF BEAUMONT. 


131 


CLASSIFICATION AND DISTRIBUTION OF EX- 
PENSE ACCOUNTS GENERAL GOVERNMENT. 
Under this head charge all those items which can- 
not properly be charged to a department. 

1. SALARIES 

Includes salaries of Mayor, Councilmen, City Sec- 
retary, Assistant City Secretary, City Treasurer, 
Janitor City Hall, and such general officers and 
clerks who might be added. 

2. PRINTING AND STATIONERY 

Includes all these items. 

3. OFFICE EXPENSE AND SUPPLIES 

Includes general supplies and expenses for the of- 
fice. 

4. POSTAGE, TELEPHONE AND TELEGRAMS 

includes all these items. 

5. LITIGATION 

Includes part of City Attorney’s salary and all liti- 
gation expenses of a general character. 

6. ASSESSMENT EXPENSE 

Includes salary of Assessor and cost of all Sta- 
tionery, Supplies and expenses for the Assessor’s 
office. 

7. INSURANCE 

Includes Insurance on city hall and other property 
of a general character. 

8. MAINTENANCE OF CITY HALL 

Includes all labor and material used for repairs 
to City Hall. 

9. MAINTENANCE OF MARKET 

Includes cost of wages, supplies, insurance, etc., 
necessary for the maintenance of the Market. 

10. ELECTIONS 

Includes per diem of Commissioners, Clerks, Cost 
of Ballots and all other election expenses. 


132 


CHARTER AND ORDINANCES 


11. CHARITIES 

Includes all cash donations and expenses incurred 
for charitable purposes. 

15. INCIDENTALS 

Includes all items of expense which cannot he 
otherwise classified. 

PUBLIC PARKS. 

1. SALARIES 

Includes all salaries paid in this department. 

2. OTHER EXPENSES 

Includes all other expenses. 

TAX COLLECTION DEPARTMENT. 

1. SALARIES 

Includes salary of Tax Collector and any clerks 
that might be added. 

2. STATIONERY AND PRINTING 

Includes all these items for this department. 

3. OFFICE EXPENSES AND SUPPLIES 

Includes all items of expense and supplies in the 
office. 

4. LITIGATION 

Includes portion of City Attorney’s salary and 
other litigation expenses of this department. 

5. TAX REFUNDS 

Includes all taxes refunded. 

9. INCIDENTALS 

Includes all items of expense which cannot be 
otherwise classified. 

CORPORATION COURT. 

1. SALARIES 

Include.s the salaries of City Judge, Clerk of the 
Court, Court Officers and portion of City Attor- 
ney’s salary. 


CITYOF BEAUMONT. 


133 


2. OTHER EXPENSES 

Includes the cost of stationery, printing, supplies 
and all expenses of this department. 

POLICE DEPARTMENT. 

1. SALARIES 

Includes salaries of Chief of Police, Patrolmen, 
Extra Police, Detectives and other salaried offi- 
cers and clerks. 

2. OFFICE EXPENSES AND SUPPLIES 

Includes the cost of all stationery, printing, post- 
age, supplies, ice, telephone and telegrams and 
other expenses of the office. 

4. STABLE EXPENSE 

Includes the wages of stable keeper, services of Vet- 
ernarian, horse-shoeing, cost of feed, sundry sup- 
plies for stable. 

8. LIVE STOCK REPLACEMENT 

Includes the cost of all live stock bought to re- 
place dead or sold stock. 

5. JAIL EXPENSE 

Includes salary of Jailer, services of Jail Physi- 
cian, cost of feeding prisoners not subject to street 
work and sundry supplies. 

6. MAINTENANCE OF BUILDINCxS 

Includes cost of labor, material and supplies used 
for repairs to the jail, lock-ups, stable and all 
buildings of this department. 

7. MAINTENANCE OF EQUIPMENT 

Includes cost of labor, material and supplies used 
for repair to equipment. 

3. LIGHT, WATER AND FUEL 

Includes cost of all lighting, fuel and water rental 
for the department. 


134 


CHARTER AND ORDINANCES 


12. INCIDENTALS 

Includes all items of expense which cannot other- 
wise be classified. 

FIRE DEPARTMENT. 

1. SALARIES 

Includes salaries of chief, Assistant and Firemen. 

2. OFFICE EXPENSE AND SUPPLIES 

Includes the cost of all stationery, printing, post- 
age, ice, supplies, telephone and telegrams, and 
other expenses of the office. 

4. STABLE EXPENSES 

Includes wages of stable keeper, service of veter- 
narian, Horse Shoeing, cost of feed, and sundry 
supplies for the stable. 

7. LIVE STOCK REPLACEMENT 

Includes the cost of all live stock bought to re- 
place dead or sold stock. 

6. MAINTENANCE OF EQUIPMENT. 

Includes cost of labor, material and supplies used 
for repairs to Equipment. 

5. MAINTENANCE OF BUILDINGS 

Includes cost of labor, material and supplies used 
for repairs to all buildings of this department. 

8. FIRE ALARM SYSTEM 

Includes total cost of operation and maintenance, 
of the system. 

3. LIGHT, WATER AND FUEL. 

Includes the cost of all lighting, fuel and water 
rental for this department. 

12. INCIDENTALS 

Includes all items of expense which cannot be oth- 
erwise classified. 


CITY OF BEAUMONT. 


135 


HEALTH DEPARTMENT. 

1. SALARIES 

Includes salaries of President of Board of Health, 
Chemists, Inspectors and other officers and clerks. 

2. ISOLATION HOSPITAL OPERATION 

Includes all wages and cost of supplies necessary 
for the operation of Isolation Hospital. 

3. ISOLATION HOSPITAL MAINTENANCE 

Includes all wages and cost of material for repairs 
and renewals of buildings, furniture and fixtures. 

4. DRUGS AND APPLIANCES 

Includes the cost of all drugs, chemicals, appli- 
ances, etc. 

5. SANITATION 

Includes salaries of Sanitary Inspectors and cost 
of disinfecting and supplies for sanitary purposes. 

8. INCIDENTALS 

Includes all items of expense which cannot be oth- 
erwise classified. 

PUBLIC POUND. 

1. SALARIES 

Includes salaries of Pound Keeper and assistants. 

2. OTHER EXPENSES 

Includes all other expenses necessary for the oper- 
ation and maintenance of Pound Pens. 

STREET AND BRIDGE DEPARTMENT. 

1. SALARIES 

Includes salaries of Street Commissioner and other 
salaried officers and clerks in this department. 

4. FEEDING PRISONERS 

Includes the cost of feeding all prisoners working 
in this department. 


136 


CHARTER AND ORDINANCES 


7. CLEANING STREETS 

Includes all expenses incidental to cleaning of 
streets. 

5. STABLE EXPENSES 

Includes wages of Stable keeper, service of Veter- 
narian, Horse-shoeing, cost of feed and sundry 
supplies for the stable. 

12. LIVE STOCK REPLACEMENT 

Includes the cost of all Live Stock bought to re- 
place dead or sold stock. 

10. MAINTENANCE OF BUILDINGS 

Includes the cost of all labor, material and sup- 
plies used to repair stable, tool house and other 
buildings of this department. 

11. MAINTENANCE OF EQUIPMENT 

Includes cost of labor, material and supplies used 
for repairs to public works equipment. 

13. MAINTENANCE OF STREETS 

Includes the cost of labor, material and supplies 
used for repairs of streets. 

14. MAINTENANCE OF SIDEWALKS 

Includes cost of labor, material and supplies for 
repairs of Sidewalks. 

15. MAINTENANCE OF BRIDGES 

Includes cost of labor, material and supplies used 
for repairs to bridges. 

16. MAINTENANCE OF SEWERS 

Includes cost of labor, material and supplies used 
for repairs for sewers. 

17. MAINTENANCE OF CATCH BASINS AND MAN- 

HOLES 

Includes cost of labor, material and supplies used 
for repairs to catch basins and manholes. 


CITY OF BEAUMONT 


137 


8. CLEANING SEWERS 

Includes all expenses incidental to the cleaning of 
Sewers. 

18. MAINTENANCE OF WHARVES 

Includes cost of labor, material and supplies used 
for repairs to Wharves. 

9. GARBAGE COLLECTION AND DISPOSAL 

Includes all expenses incidental to the collection 
and disposal of garbage. 

2. PRINTING AND STATIONERY 

Includes all printing and stationery for this de- 
partment. 

3. OFFICE EXPENSE AND SUPPLIES 

Includes all items or expense and supplies for the 
office including postage, telephone and telegrams 
for general purposes. 

6. STREET LIGHTING 

Includes cost of arc and other lights used for 
lighting streets. 

23. INCIDENTALS 

Includes all items of expense which cannot be oth- 
erwise classified. 

CITY ENGINEERING DEPARTMENT. 

1. SALARIES 

Includes salaries of city engineer and assistants. 

2. OFFICE EXPENSE 

Includes the cost of all stationery, printing, post- 
age, supplies and expenses of the office. 

3. SUPPLIES 

Includes the cost of all supplies for this depart- 
ment. 

6. INCIDENTALS 

Includes all items of expense which cannot be oth- 
erwise classified. 


138 


CHARTER AND ORDINANCES 


1 . 


INTEREST. 

Bond. 

Bank Loans. 

Bills Payable. 

CONTINGENCIES. 

These include those disbursements through the 
Contingent Fund, all of same applying to one or 
other departments of the city. 


BOOKS AND FORMS NECESSARY FOR THE 
PROPER APPLICATION OF THE ACCOUNT- 
ING SYSTEM. 


OFFICE OF TAX COLLECTOR. 

1 — Assessment Roll. 

2 — Ad Valorem Tax Receipt. 

3 — Occupation Tax Receipt. 

4 — Cash Book. 

5— — Real Record of Delinquent Taxes. 

6 — Personal Record of Delinquent Taxes. 

7 — Record of Errors and Corrections in Tax Roll. 

8 — Requisition. 

9 — Treasurer’s Receipt. 

10 — Occupation Tax Register. 

11 — Monthly Report. 

OFFICE OF CHIEF OF POLICE. 

12 — Docket Register. 

13 — Jail Record. 

14 — County Prisoners. 

17 — Treasurer’s Receipt. 

15 — Cash Book. 

24— Board Bill. 

19 — Defendant’s Receipt. 

20 — Release Order. 

21 — Recorder’s Discharge Order. 

22 — Advice of Escape. 

23 — Jail Physician Certificate. 


CITY OF BEAUMONT 


139 


16 — Dog Tax Record. 

25 — Monthly Report. 

OFFICE OF CLERK OF COURT. 

26 — Docket Distribution. 

27 — Record of Appealed Cases. 

OFFICE OF STREET COMMISSIONER. 

30 — Prisoner’s Time Book. 

31 — Time Book. 

32 — Payroll. 

33 — Distribution of Payroll. 

36 — Distribution of Material and Supplies. 

38 — Receipt. 

34 — Requisition. 

37 — Treasurer’s Receipt. 

35 — Cash Book. 

39 — Monthly Report. 

OFFICE OF FIRE CHIEF. 

40 — Pay Roll. 

41 — Requisition. 

OFFICE OF CITY SECRETARY. 

45 — Warrant Register General Fund. 

46 — Warrant Register Street and Bridge Fund. 

47 — Warrant Register Contingent Fund. 

48 — Warrant Register Bond Funds. 

50 — Journal Voucher. 

51 — Purchase Order. 

52 — Reconcilement Record. 

52 — Treasurer’s Receipt. 

56 — File for Paid Coupons. 

58 — Monthly Statement. 

Article 373. Reports. — All departments, officers 
and persons are hereby required to make their reports 
and accounts conform to all classifications enumerated 
in the foregoing article, and to use the books and forms 
prescribed therein and recommended by Hart, Bienvenu 
& Daspit, Public Accountants, all such reports to be in 


140 


CHARTER AND ORDINANCES 


duplicate, the duplicate to remain with officer and per- 
son making same. 

Article 374. Accounting System Adopted. — That 
the system of accounting and auditing prepared by Hart, 
Bienvenu & Daspit, certified public accountants, as here- 
inbefore referred to and partially shown, be and the same 
is hereby adopted and made the official accounting and 
auditing system of the City of Beaumont. 

Article 375. Depositing Monies of City. — That 
whenever any money belonging to the City of Beau- 
mont, or any particular fund thereof, if collected or 
received by any officer or person whomsoever, whether 
such officer or person so collecting or receiving same be 
authorized to collect or receive same or not, such money 
shall be by such officer or person, deposited in the city 
depository, or paid over to the Treasurer of Beaumont, 
within 24 hours after such money is so collected or re- 
ceived. Failure of such officer or person so collecting 
or receiving such money to deposit the same in the city 
depository of Beaumont, or to pay same over to the Treas- 
urer of Beaumont within twenty-four hours after so 
collecting or receiving same as herein provided, shall 
constitute an offense, and upon conviction thereof shall 
subject such offender to a fine of not less than Ten Dol- 
lars nor more than Two Hundred Dollars ; and each twen- 
ty-four hours or fractional part thereof that such officer 
or person so fails to deposit or pay over such money as 
herein required, shall constitute a separate offense here- 
under and subject the offender to a separate penalty. 

Article 376. Credits to Officers by Secretary. — That 
it shall be unlawful for the secretary to allow or give 
on the books of the city, or of his office or otherwise, any 
credit whatever, to any officer, agent or employee of 
the City of Beaumont, or to any other person, firm or 
corporation transacting any business with or performing 
any service for said city, unless such officer, or other 
person, shows or exhibits to him a right to such credit 
by (a) a duly and properly executed receipt from the 
Treasurer of the City of Beaumont for the amount there 


CITY OF BEAUMONT. 


141 


of, or (b) a proper voucher properly executed or issued 
under authority and by virtue of the accounting sys- 
tem prepared for the City of Beaumont by Hart, Bien- 
venu & Daspit, certified public accountants, or (c) such 
amount being allowed as such credit by the City Council 
of the City of Beaumont. Should the city secretary of 
the said city violate any of the provisions hereof, or allow 
or give credit in any amount to any such officer, agent 
or employee of said city, or to any other person, firm or 
corporation transacting any business with, or perform- 
ing any service for said city except as herein provided, he 
shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof, shall be punished by a fine of not less 
than Ten Dollars nor more than Two Hundred Dollars, 
and each item of credit so allowed, in violation hereof, 
shall constitute a separate offense. 

CHAPTER XXIX. 

PUBLIC SCHOOLS. 

Article 377. The Public Free Schools of this city 
shall be governed by the Mayor and eight citizens of the 
city, six of whom shall be men and qualified voters of 
said city and two of whom may be women, who shall be 
appointed and shall qualify and hold their respective 
appointments in the manner provided by Section 9 of the 
Charter of the City of Beaumont, who shall constitute 
the Board of Public Free School Trustees of said city, and 
who shall serve without compensation. 

Article 378. Officers of Said Board. — The Mayor 
shall be ex-officio chairman of said board, and the city 
treasurer shall be the treasurer of the school fund, and 
the bond of said treasurer shall be as hereinbefore pro- 
vided for, and said board shall elect its own secretary 
and allow him such compensation as they may deem 
adequate. 

Article 379. Powers of Said Board. — Said board 
shall pass all regulations and rules of order as shall be 
necessary for the government of the Public Free Schools 
of the city, and shall have the management and control 


142 


CHARTER AND ORDINANCES 


of all teachers employed in said schools and pupils at- 
tending same, and of all property belonging to the schools 
and of the disbursements of the funds belonging to the 
schools. 

Article 380. Levying Special School Tax. — It shall 
be the duty of the City Council each year, at the time 
said council levies and assesses the rate of taxation for 
the city, to levy and assess and order collected for each 
year, a special school tax of not exceeding twenty-five 
cents on each one hundred dollars of property made tax- 
able by law, which tax, when collected, shall become a 
part of the general school fund of the city, and shall be 
used for no other purpose than for the maintenance of the 
Public Free Schools of the city and incidental repairs 
of the buildings and grounds of the schools, and pro- 
vided further, that a failure of the City Council to levy 
and assess said tax at said time during the year, shall 
and assess the same at any time during the year, snail 
in no manner prevent the collection of the same by the 
collector of taxes, who in the collection thereof, shall 
base the same upon the rate of taxation for the preced 
ing year or years. 

CHAPTER XXX. 

TAXATION. 

Article 381. Taxes to be Levied. — It shall be the du- 
ty of the City Council at the first regular meeting in May 
of each year to levy the rate of taxation for the current 
year, and shall at the same time levy an occupation tax 
on each occupation made taxable by law, witihn the 
city of an amount not exceeding one-half the amount 
levied by the State, and may also levy a poll tax; pro- 
vided, however, that a failure to levy said taxes at such 
meeting shall not prevent the same from being levied 
at some subsequent meeting of the council ; and provided 
further, that should the council fail or neglect to pass 
a tax ordinance for any one year levying the taxes for 
that year, that the tax ordinance last passed will con- 
tinue in force, and the failure to pass such ordinance shall 
in no wise invalidate the collection of taxes. 


CITY OF BEAUMONT. 


143 


Article 382. Section 1 . Inventory and Appraise- 
ment of Property for Taxation. — -As soon as practicable 
after the first day of January in each and every year, it 
shall be the duty of the Assessor and Collector of Taxes 
to prepare a list in which he shall write in separate col- 
umns and in alphabetical order, the names of all persons 
owning property on said first day of January, subject 
for taxation within the corporate limits of the City of 
Beaumont. 

Sec. 2. It shall be the duty of the Assessor and Col- 
lector, or his authorized deputy, between the first day of 
January and the first day of June of each and every year, 
between the hours of 9 A.M. and 12 M. and from 2 P.M. to 
5 P. M. to take at his office or in such public place as he 
may designate, from any person who may appear before 
him, or his deputy, a complete list or inventory of such 
person’s taxable property, and of all property subject 
to taxation by the laws of the State of Texas and the or- 
dinances of the City of Beaumont, held or controlled by 
such person or agent or attorney, trustee, guardian, ex- 
ecutor or administrator; but assessments taken on other 
days and between other hours than those herein speci- 
fied shall be valid. 

Sec. 3. It shall be the duty of every person owning, 
holding or controlling property within the limits of the 
City of Beaumont, subject to taxation under the laws of 
the State of Texas, and the ordinances of the City of 
Beaumont, to render the Assessor and Collector of taxes 
of said city, at his office in said city, annually between 
the first day of January and the first day of June and 
between the hours prescribed in the next preceding Ar- 
ticle, a full and complete list or inventory of all the prop- 
erty so owned, held or controlled by such person or cor- 
poration, whether as agent or attorney, trustee or guar- 
dian, executor or administrator, and to take and sub- 
scribe to an oath as to the correctness of such list or in- 
ventory as prescribed in Sec. 5 of the next preceding ar- 
ticle, and any person or corporation who shall fail to thus 
render his or its property or property held by others, 
for taxation as provided for above before the first day 


144 


CHARTER AND ORDINANCES 


of June and when especially requested in person or by 
written notice mailed to them by the Assessor or his 
deputy, shali be deemed guilty of an offense, and shall, 
on conviction before the Recorder’s Court, be fined in 
any sum not exceeding One Hundred Dollars. 

• Article 383. Assessment of Property. — Section 1. 
All property rendered for assessment by the owner there- 
of, or by any person rendering the same, shall be listed 
and appraised on assessment sheets ruled and lettered 
in convenient form to comply with the requirements of 
this chapter. 

Sec. 2. It shall be the duty of every person render- 
ing land to said Assessor and Collector for taxation, to 
so describe the same by lot and block or by metes 
and bounds, or by reference to deed or deeds recorded 
in the office of the County Clerk of Jefferson County, 
Texas, or by other description, that such property can 
be identified, and such description shall be no less cer- 
tain than would be necessary to convey title thereto by 
deed. And said Assessor and Collector shall not be re- 
quired to accept any rendition of such real estate or such 
other property for assessment unless the same shall be 
described with the degree of ecrtainty stated above. And 
in case the owner or agent rendering property for as- 
sessment shall neglect to describe the same with the cer- 
tainty above referred to, such misdescription shall be 
subject to correction at any time thereafter, according 
to the proper description of the tract of land or property 
which it was the obvious intention as well as the duty 
of the owner or agent to render for assessment. 

Sec. 3 But one separate tract of land shall be de- 
scribed on a single line in said assessment sheets. Each 
tract of land and lot in each block must be valued sep- 
arately, except where the taxpayer lists and values sev- 
eral parcels as one, and they are so assessed or with his 
knowledge and aprobation the several tracts are listed 
and valued as one, and the land so assessed is subject to 
the lien for the aggregate tax assessed. If a grantee 
of a taxpayer, who so valued and assessed several tracts 


CITY OF BEAUMONT. 


145 


as one, fails to render his property at separate valua- 
tions, he will not be allowed to object to the several tracts 
continuing to be valued as one until he has changed the 
rendition and asked that each tract be valued separately. 
The identification of any tract of land mistakenly or 
imperfectly described shall at all times be assisted by 
the presumption hereby declared to exist that the tract 
of land referred to is the tract owned by the owner 
named at the time of filling out the assessment sheet in 
the block or larger tract in which the same may be in- 
cluded as shown on said assessment sheet. 

Sec. 4 When real estate is improved, such fact and 
the character of the improvements and the value there- 
of, exclusive of the value of the tract of land on which 
the same may stand, shall be shown in said sheets. 

Sec. 5. The person rendering property for assess- 
ment, after said assessment sheet has been filled out ac- 
cording to his direction, shall take and subscribe to the 
following oath indorsed therein, viz: 

The State of Texas, 

City of Beaumont. 

I, do solemnly swear or 

affirm that the foregoing inventory rendered by me con- 
tains a full, true and complete list of all taxable property 

owned or held by me for in 

the City of Beaumont, Jefferson County, Texas, sub- 
ject to taxation by the laws of the State, on the first day 
of January, A. D. 19. . . ., and that I have true answers 
made to all questions propounded to me touching the 
same. So help me God. 


Subscribed and sworn to before me this the 
day of 19 


Assessor and Collector City of Beaumont. 

Sec. 6. It shall be the duty of the City Assessor and 
Collector to inventory on assessment sheets of appropri- 
ate forms, and to assess the same at what he believes 


146 


CHARTER AND ORDINANCES 


the full and true value thereof, the property of persons 
failing to render the same for the assessment on or be- 
fore the first day of June in each year, and such inven- 
tory and assessment shall be as valid and binding as 
if such property had been rendered by the owner there- 
of. If for any canse the assessment for any tract or 
tracts of land be irregular either because lots or tracts 
were assessed together and valued as one tract, or from 
any cause whatever, the City Assessor and Collector of 
Taxes and the Board of Appraisement are hereby given 
the authority at any time to reassess said land, and to 
value each tract separately, or to cure and correct the 
irregularity whatever it may be, and the correction when 
jnade shall be entered on the tax roll for the year or 
years the property is so reassessed, and such reassess- 
ment when made, shall be as binding and legal as if 
originally assessed in the manner corrected. 

Sec. 7. It shall be the duty of the Assessor and Col- 
lector to keep one or more books shown as the Assessor’s 
Abstract Book, in which shall be entered in numerical 
order each and every lot, block or other subdivision of 
real estate within the corporate limits of the City of 
Beaumont, and he shall enter in such books in separate 
columns the names of the person or persons rendering 
such block, tract or portion of the same for taxes, to- 
gether with the description thereof, with the names of 
the owners of unrendered portions, if any, and he shall 
enter upon assessment sheets as property unrendered 
or belonging to unknown owners every tract of land or 
portion thereof not shown by said Abstract Book to have 
been rendered for taxes for that year. 

Sec. 8. Said assessment sheets shall be securely 
bound in volumes, properly labeled, and shall be pre- 
served in the office of the City Assessor and Collector, 
and the same shall be completed and turned over to the 
Board of Appraisement immediately after completion. 

Article 384. Board of Appraisement, Its Duties and 
Powers.— Section 1. It shall be the duty of the Mayor 


CITY OF BEAUMONT. 


147 


at the first regular meeting in May of the City Council, 
after each regular election, to appoint a Board of Equal- 
ization, to be known as the Board of Appraisement, com- 
posed of three resident free-holders of the city, whose 
appointment shall be confirmed by the City Council, who 
shall hold their office for a period of two years from the 
date of their appointment, and who, before entering upon 
the discharge of their duties shall take the oath of of- 
fice prescribed by the Constitution. Said Board of Ap- 
praisement, after their qualification, shall proceed to 
equalize the value of all the property situated in the City 
of Beaumont; and shall have the powers delegated to 
them by the Charter, and shall be governed in their de- 
liberations by the provisions of the Charter of the City of 
Beaumont and any two members of said board shall con- 
stitute a quorum for the transacting of business. 

Sec. 2. As soon as practicable after the first day of 
June of each year, said Board of Appraisement shall 
meet in the office of the Assessor and Collector and said 
Assessor and Collector shall deliver to them the tax sheets 
prepared by him, and they shall proceed in the discharge 
of their duties in the maner provided by the Charter of 
the City of Beaumont; and said Board will receive the 
sum of three dollars for each day they shall be engaged 
in their labors, which sum shall not be paid until the 
completion of their labors. The City Secretary shall be 
Secretary of the Board and shall recieve the same com- 
pensation as the members of said Board. 

Sec. 3. Said Board shall remain in session as pro- 
vided by the Charter until their labors are completed, 
and all their meetings shall be open to the public and all 
persons rendering property for taxation to said City As- 
sessor and Collector or interested in the rendition of 
same, shall have the right to appear and be heard by said 
Board at said meetings, touching the value of said prop- 
erty. 

Sec. 4. Notice of the time and place where and when 
the meetings of said Board shall be held shall be given 
by publication in some daily newspaper published in 


148 


CHARTER AND ORDINANCES 


the city for three successive days, or by posting a notice 
thereof in at least two public places in the city, which 
notice shall be published or posted for at least three 
days prior to the commencement of the meetings of said 
Board, or by mailing the party a written notice thereof, 
which notice shall be signed by the City Secretary. Said 
notice shall conform to the requirements of Section 
51 of the Charter. 

Sec. 5. Said Board of , Appraisement shall examine 
the assessment sheets turned over to them by the Asses- 
sor and Collector, as provided for in this chapter, and 
note all errors in the valuation of property therein con- 
tained, if it shall appear to them that such valuation 
as contained in the same is incorrect in any instance, it 
shall be their duty to make such alterations and correc- 
tions as to the value of such property as shall, to them 
seem just and reasonable, and should they make any 
change, they shall write on said sheet the valuation 
placed by them on such property. 

Sec. 6. Before making any change in the valuation 
of any property shown on said assessment by the owner or 
other person acting for the owner as agent, guardian or 
otherwise, it shall be the duty of the said Board of Ap- 
praisement to have the Secretary to mail a postal card 
to the post office address of the person or corporation 
rendering such property for assessment, if such address 
shall be known to the said Board of Appraisement, and if 
unknown to them said postal card shall be addressed to 
Beaumont, Texas, notifying such person or corporation 
to appear before them at a designated time and place, 
specified in said notice, and show cause why the assess- 
ment made by such person or corporation should not b< 
changed. Said notice shall be mailed at least one week 
prior to the time of any change being made by said Board 
in the valuation of said property, provided, however, 
that failure on the part of said board to send such notice 
or failure on the part of any person or corporation to 
receive said notice, shall in no way affect the validity 
of any action on the part of said Board in changing the 


CITY OF BEAUMONT. 


149 


valuation of any property rendered for assessment as 
aforesaid; and it shall be the duty of every person or 
corporation owning or interested in the property describ- 
ed or referred to in assessment sheets to ascertain an- 
nually when and where said Board of Appraisement will 
be in session, and to appear voluntarily without other 
notice than that provided for in this chapter, before said 
Board and present evidence to said Board as to the value 
of such property, should such person desire a hearing 
before said Board in regard to any change in valuation 
which said Board is hereby authorized to make. 

Sec. 7. It shall be the duty of said Board of Ap- 
praisement to complete their work and return said ap- 
praisement sheets to said Assessor and Collector as soon 
as completed, and file their account for service with 
the City Secretary, who shall present the same to the 
City Council for payment. 

Sec. 8. Any person feeling himself aggrieved by 
the action of said Board in fixing the values upon his 
property, shall have the right to appeal therefrom to the 
City Council, by giving written notice of appeal within 
five days after values have been so fixed by the Board, 
and the City Council shall have the power to hear and 
determine such • questions of appeal, and to take such 
action with reference thereto as to them may seem proper 
and just, and its action shall be final. 

Article 385. Assessment Rolls. — Section 1. Imme- 
diately after said Board of Appraisement shall have com- 
pleted their work and returned said assessment sheets 
to the City Assessor and Collector, it shall be his duty 
to prepare three assessment rolls, one of which will be 
known as the rendered assessment roll, an one shall be 
knotfn as the unrendered assessment roll, and the other 
shall be known as the unknown roll. Said rolls shall be 
prepared on sheets appropriately ruled and lettered so 
that the provisions of this chapter may be conveniently 
conformed to. 

Sec. 2. The City Assessor and Collector shall trans- 
fer to .said assessment rolls the contents of said assessment 


150 


CHARTER AND ORDINANCES 


sheets so far as necessary to show the name of the owner, 
when known, the description of the property on which 
the tax is due, and the value of the same and the amount 
of the tax, said rolls shall show on each page the per- 
centage of tax levied and the current year for which 
levied, provided, however, that any failure or direliction 
in regard to the preparation of such assessment rolls 
shall in no way affect the validity of any assessment on 
the title acquired at the sale of any property for the non- 
payment of taxes justly due on such property, unless 
the party owning such property shall tender the pur- 
chaser under such tax sale the amount of taxes and pen- 
alties justly due on such property at the time such sale 
was made, together with all the costs incurred, includ- 
ing a penalty of not less than double the amount of taxes 
so paid and costs. 

Sec. 3. On the final completion of said assessment 
rolls by said Assessor and Collector, he shall forthwith 
prepare a certificate and swear to the same before the 
Mayor, City Secretary, or before any officer authorized 
to administer oaths, embracing the facts shown and re- 
ferred to in the following form: 

I, Assessor and Col- 

lector of the City of Beaumont, do solemnly swear that 
the roll to which this is attached contains a full and cor- 
rect list of all the real and personal property subject to 
taxation in the City of Beaumont, so far as I have been 
able to ascertain the same, and that the assessed value 
set down in the proper column opposite the several kinds 
and descriptions of property is the true and correct val- 
uation thereof, as ascertained by me, and the footings of 
the several columns in said rolls and the tabular state- 
ment returned is correct as I verily believe. 

Sec. 4. After said certificate, referred to next above, 
has been signed and sworn to by said City Assessor and 
Collector, the same shall be returned by him to said Board 
of Appraisement, who, if satisfied that the statements 
contained in the same are true, shall prepare and sign, 
under oath, the following certificate to be attached to the 


CITY OF BEAUMONT. 


151 


certificate of the Assessor and Collector, to-wit: 

To the Mayor and City Council of the City of Beau- 
mont: 

We, the undersigned members of the Board of Ap- 
praisement for the City of Beaumont for the current year, 
do certify that the statements contained in the foregoing 
certificate of the Assessor and Collector are true, accord- 
ing to the best of our knowledge and belief. 

Sec. 5. Said certificates of said Board of Appraise- 
ment and Assessor and Collector, referred to above, af- 
ter having been approved by the Mayor, shall be read 
at the next meeting of the City Council and spread upon 
the minutes of that meeting, and it shall not be lawful 
for any officer of said city to pay said Board of Ap- 
praisement or the City Secretary for their said services, 
nor shall it be lawful for them to receive pay for the same 
until said certificates have been read before said council 
and spread upon the minutes of said meeting. The spread- 
ing of said certificates upon said minutes shall be deemed 
an approval of said rolls by said council, unless action 
to the contrary by said City Council be had at said 
meeting. 

Sec. 6. After said certificates, referred to next 
above, have been entered in the minutes of the meeting 
of said City Council, it shall be the duty of the City Sec- 
retary to charge to the account of the Assessor and Col- 
lector the total amount of taxes due the City of Beau- 
mont for the current year, as shown on said assessment 
rolls, and by said certificates, which amount shall be 
a valid claim against said Assessor and Collector and 
the sureties on his official bond, until the same shall be 
properly accounted for. 

Article 386. Provisions Directory. — All the provh 
sions of this chapter, except such as are necessary to the 
levying of taxes, the inventory and appraisement of prop- 
erty, and the identification of the same, and the collection 
of the amount of taxes levied upon such property, and 
the preparation of the rolls showing these facts, together 
with the name of owner of such property, when known, 


152 CHARTER AND ORDINANCES 

and the provisions providing for the appointment of a 
Board of Appraisement and the publication of notice to 
appear before the Board of Appraisement, are hereby de- 
clared to be directory merely, and not mandatory. 

Article 387. Collection of Taxes. — Section 1. It 
shall be the duty of the Assessor and Collector and Board 
of Appraisement to have said assessment rolls herein- 
before described fully prepared and completed by the 
first day of October of each and every year; and all 
taxes shall be due and payable on or after the first day 
of October of each and every year, and if not paid by De- 
cember 31 of the same year, there shall be added a penalty, 
ten per cent upon the amount of such taxes, and should 
the same not be paid by March 1st of the year succeed- 
ing the levy, said taxes and penalty shall thereafter bear 
interest at the rate of six per cent per annum until paid. 
And it shall be the duty of all persons from whom such 
taxes are due, to call and pay the same to said Assessor 
and Collector at his office in the City of Beaumont, be- 
tween the first day of October and the 31st day of Dec- 
ember of the year of the levy. 

Sec. 2. Said Assessor and Collector shall provide a 
book containing one or more written or printed blank 
receipts with corresponding marginal stubs and before 
the delivery of any receipt for taxe^ he shall fill up a 
blank therefor and also the corresponding marginal stub, 
with the amount of tax so paid, specifying each separate 
tax, the name of the taxpayer, a description of the prop- 
erty, if it be real estate, the year or years for which said 
taxes are paid, and the date of payment, and the amount 
and character of the fund received, whether in money, 
city script, or other funds receivable for taxes; and shall 
detach said receipt from said book leaving therein the 
corresponding stub as a permanent record in his office, 
which stub shall show each separate tax, the name of the 
tax payer, the year or years for which said taxes are due 
and paid and the date of payment. 

Sec. 3. All sums of money received in payment of 
taxes shall be credited when received on some particular 


CITY OF BEAUMONT. 


153 


tract of land or parcel of property; and no money in 
payment of taxes shall be received on account. 

Article 388. Delinquent Tax Roll and Sale of Prop- 
erty for Taxes. — Section 1. Immediately after the first 
day of March in every year, it shall be the duty of the 
Assessor and Collector of taxes to prepare a roll contain- 
ing a description of all the property described in the as- 
sessment rolls of the next preceding year, that is to say 
of the year ending on the next preceding thirty-first day 
of December on which the taxes have not been paid. Said 
roll shall be called “ Delinquent Roll,’ ’ and shall consist 
of a copy from the assessment rolls of so much of the land 
on which the taxes remain unpaid as will identify the 
property and show the amount of tax due on the same. 
After said delinquent roll shall have been prepared as 
aforesaid, the pages comprising the same shall be securely 
bound in a volume, properly labeled and carefully pre- 
served as an archive of the office of the City Assessor 
and Collector, and said Assessor and Collector shall sign 
the following certificate at the foot of each separate page 
of said delinquent roll, viz: “I certify that the above en- 
tries have been correctly made out in accordance with the 
provisions of the Charter and ordinances of the City of 
Beaumont. 

(SIGNED) 

City Assessor and Collector of Taxes of the City of 

Beaumont.” 

Sec. 2. Whenever the taxes on any property in said 
delinquent roll shall be paid, the fact of such payment, 
with the date of asme, shall be noted in said roll opposite 
the description of the property, and interest on the taxes 
due as hereinafter provided shall in every instance be 
collected, and the amount of said interest entered on said 
roll. 


Section 3. During the time that the City Assessor 
and Collector shall prepare the delnquent roll above de- 
scribed, he shall also prepare separate statements of the 
tax accounts due the city, to be furnished the city attorney 


154 


CHARTER AND ORDINANCES 


on which to bring suits, which statements shall contain 
the description of the property, the year for which the 
tax is due, amount of tax due, the rate of taxation, and 
the name of persons, or person, estate, firm or corpora- 
tion who assesses the same, or whether the property is 
rendered, unrendered, or owner is unknown as appears 
from the tax rolls, which statement the City Assessor and 
Collector shall certify to be correct and which shall be 
the prima facie evidence of the statements made therein, 
and that all the requirements of the law have been com- 
plied with; and the City Assessor and Collector shall be 
entitled to $1.00 on each statement so made, which shall 
be taxed against the delinquent tax payer on the prop- 
erty on which the tax is due, and in case of suit to be 
taxed as a charge against the property, and the Assessor 
and Collector shall be entitled to refuse to issue any re- 
ceipt to any delinquent tax payer until said $1.00 has 
been paid; provided that, where several tracts of land 
and different kinds of property are assessed by the same 
person, firm, estate or corporation, that they shall be 
contained in the same statement, which said delinquent 
roll shall be finished and said statements furnished not 
later than the last day of April of each year. 

Said *' 1 Delinquent Roll” shall be published during 
the month of May following, at least once a week for 
three weeks in some newspaper published in the City of 
Beaumont, and the said paper shall be entitled to a fee 
not exceeding 25 cents for advertising each tract of land 
separately assessed, which shall be taxed as a charge 
against the property on which the tax is due, and the 
assessor and collector shall be entitled to refuse to issue 
any receipt to any delinquent taxpayer until this cost 
of advertising has been paid; and a failure to comply 
with these provisions by the City Assessor and Col- 
lector of Taxes shall be deemed a malfeasance and be 
cause for impeachment. Upon receipt of the above tax 
statements by the city attorney, he shall as soon as pos- 
sible, institute suit in the proper court, to enforce the 
collection of taxes due the city, and shall file on all of 
of said statements furnished him by the City Assessor 


CITY OF BEAUMONT. 


155 


and Collector of taxes by the next first of October after 
he has received them, and the failure on the part of the 
city attorney to file suits on said statements by the first 
of October shall be deemed a malfeasance and be cause 
for impeachment; but a failure on the part of the City 
Assessor and Collector of Taxes to prepare the delin- 
quent roll, or publish it for the required length of time, 
or furnish tax statements to the city Attorney, or a 
failure on the part of the City Attorney to file suits with- 
in the proper time, shall in no wise affect the liability of 
the delinquent taxpayers, nor shall such failure in any 
manner be relied on by way of defense against the pay- 
ment of taxes due the city. Nothing but current money 
of the United States shall be collected or received in pay- 
ment of taxes and licenses due or hereafter assessed. In 
cases where the State has instituted suit for taxes, where 
taxes are due the city on the same property for the same 
years, that the city may have the right to intervene in 
said suit and have judgment for its taxes, and to enforce 
and foreclose its lien for said taxes and in cases where the 
city has first instituted suit for taxes that the State may 
have the same right to intervene. 

Section 4. All taxes upon eral estate shall be a lien 
and charge upon the property upon which the taxes are 
due, which lien may be foreclosed and the tax collected 
by suit in any court having jurisdiction. All taxes not 
paid within the time prescribed by the ordinances shall 
bear interest at the rate of 6 per cent per annum. All 
real and personal property held, owned or situated in the 
city of Beaumont, shall be liable for all taxes due by the 
owners thereof, including taxes on real estate, personal 
property and poll tax. All personal property may be lev- 
ied upon, seized and sold by the Assessor and Collector 
for any taxes that may be due without further warrant 
of authority than the production of his personal tax roll 
which sale, when made, shall convey a perfect title to 
the purchaser thereof or the amount of the tax may be 
sued for in any court having jurisdiction and a personal 
judgment may be recovered against the delinquent tax 
payer, or against any person to whom the personal prop- 


156 


CHARTER AND ORDINANCES 


erty on which the city tax is due has been sold, or who 
owns, hold or claims possession of said personal prop- 
erty. 

Section 5. When the description of any property on 
the assessment sheets or tax rolls is vague and indefinite, 
the city may show by evidence other than the assessment 
and tax rolls where the property is located, and on what 
property the tax is due, what parties own the property 
and that the taxes on the same are due and unpaid, and 
enforce and foreclose the tax on such property. 

Section 6. All taxes due by property owners on any 
and all property for the year 1885 up to and including 
the year 1909, and for all years to come until otherwise 
provided by charter, as it appears upon the rolls of said 
city, may be collected by suit from delinquents and fore- 
closures of the lien thereon in any court having juris- 
diction of the same, and any person who shall purchase 
property encumbered with a lien for taxes shall be 
deemed as to such taxes a delinquent tax payer, and such 
purchaser takes the property charged with the lien, and 
he cannot interpose any defense which his vendor might 
not have interposed had he continued to be the owner. 

Section 7. The tax levied by the city is hereby de- 
clared to be a lien charge and incumbrance on the prop- 
erty on which the tax is due, not only as against any resi- 
dent of this state, but entitled to enforce and foreclose in 
any court having jurisdiction of the same, and the lien, 
charge and encumbrance on the property in favor of the 
city for the amount of the taxes due on such property is 
such as to give the State Court jurisdiction to enforce and 
foreclose said lien on the property on which the tax is 
due, not only as against any resident of this State, but 
against persons who are non-residents of this State, or 
whose residence is unknown, and against the unknown 
heirs of any person who owns the property on which 
the tax is due. 

Section 8. The City of Beaumont has a right to 
maintain a suit to recover a personal judgment for the 
amount of the tax due it, and the tax may be collected 


CITY OF BEAUMONT. 


157 


by sale of the particular property on which it is assessed, 
by enforcing the lien, or by the sale of that or other 
property under a judgment of the court, or seizure and 
sale of personal property. 

Section 9. For the taxes due on any property for 
any and all years from the year 1885 up to and including 
the year 1909, and for all years to some until otherwise 
provided by charter, either the tax rolls or a statement 
of the taxes due on any property made from said rolls, 
certified to and signed by the City Assessor and Collec- 
tor of Taxes of the City of Beaumont, shall be prima 
facie evidence of the facts stated in Sec. 69 of the Charter 
and that the tax on said property is due; that the facts 
stated therein are true, and that all the pre-requisites 
required by the law pertaining to the levying and assess- 
ing of taxes on the property on which the suit is brought 
for taxes due have been complied with. 

Section 10. The City Attorney shall represent the 
City against delinquent taxpayers. In any and all suits 
by the City of Beaumont for collection of taxes due it 
for the year 1885 and thereafterwards the City Attorney 
shall be entitled to a fee of $3.00 for the first lot and $1.00 
for each additional lot, which fee shall be taxed as costs 
against the property on which the tax is due; and in no 
case after suit has been filed, shall receipt for taxes be 
given on the property in suit until after the payment 
of the Attorney’s fees as above stated, the costs of the 
City Assessor and Collector, as herein provided, the pub- 
lisher’s fee, penalties and all court costs. When judg- 
ment has been taken for taxes due on property in suit, 
the Attorney’s fee, and other costs named, shall be taxed 
as costs against the property to be sold under judgment 
for taxes, and paid out of the proceeds of the sale of same, 
together with the taxes and interest due thereon to said 
City. Prior to the year 1885 the City Attorney shall be 
entitled, upon the filing of a suit for taxes, to the same 
fees as above stated, to be collected and paid by the 
owner of the property, said fees to be paid, however, 
only as they are collected. 


.58 


CHARTER AND ORDINANCES 


Section 11. In no case shall the city council or any 
member of the city council or officer of the city remit, 
discount or compromise any tax legally due the city, ex- 
cept as may be allowed by the Charter. 

Section 12. All property, real, personal or mixed, 
except such as may be hereafter expressly exempted, is 
subject to taxation and the same shall be rendered and 
listed in the manner prescribed by the general laws in 
regard to the general State taxation, when applicable. 
The definition of property and terms, as defined by the 
general laws under the head of “taxation” and what is 
subject to taxation as prescribed by the general laws of 
this State shall apply to the taxation of this City. All 
taxes shall be payable at the office of the Assessor and 
Collector, and no demand by him be requisite or neces- 
sary to enforce the collection thereof by any proceedings 
herein prescribed, nor for any taxes due before the pas- 
sage of this Act. 

Section 13. In any suits for taxes the proper persons 
shall be made parties defendant in such suit, and shall 
be served with process and other proceedings had herein 
as provided by law for suits of like character in the Dis- 
trict Courts of this State and the City Charter; and in case 
of foreclosure, an order of sale shall issue and the land 
be sold thereunder as in other cases of foreclosure, which 
order of sale shall have all the force and effect of a writ 
of possession between the parties to the suit and any per- 
son claiming under the defendant by any right acquired 
after the filing of the suit, and the sheriff or other officer 
executing such order of the sale shall proceed, by virtue of 
the same, to place the purchaser of the property sold un- 
der said order of sale in possession thereof within thirty 
days after the date of sale, and such order of sale may 
direct that the sheriff or other officer, executing such 
order of sale, shall sell the property either each piece 
separately, as under execution, or in gross, as the city, 
through its Attorney may direct; and if the defendant, 
or his attorney, shall at any time before the sale, file 
with the sheriff or other officer in whose hands any such 
order of sale shall be placed, a written request that the 


CITY OF BEAUMONT. 


159 


property described therein shall be divided and sold in 
less tracts than the whole, together with a description of 
said subdivisions, then such officer shall sell the land in 
such sub-divisions as the defendant may request, and in 
such cases shall only sell as many sub-divisions, as near as 
may be, as will satisfy judgment, interest, court costs t 
and other costs herein specified. In all cases in which 
lands have been sold or may be sold for default in the 
payment of taxes, it shall be lawful for the sheriff sell- 
ing the same, or any of his successors in office, to make 
a deed or deeds to the purchaser, or to any person to 
whom the purchaser may dirqct the deed to be made, and 
such deed shall be held in any court of law or equity in 
this State to vest a good and perfect title in the pur- 
chaser thereof. 

Section 14. If the purchaser, at any sale under pro- 
ceedings, had to foreclose a tax lien on property sold in 
the City of Beaumont for non-payment of taxes, shall 
fail to acquire a valid title to the property purchased by 
him, by reason of any irregularity or defect in the as- 
sessment or levy or for any other reason whatsoever, 
whether of a jurisdictional character or otherwise, such 
purchaser shall nevertheless have a lien on the property 
so purchased for the taxes which would have been due 
on the assessment of taxes at any time before such taxes 
shall become due on same had all proceedings in refer- 
ence thereto been legal and regular, together with all 
the costs connected therewith, also for all taxes by him 
subsequently paid on said property, with interest on all 
of such sums at the rate of six per cent per annum, and 
he shall be entitled to judgment for such amounts and 
for the enforcement of the lien against the owner of said 
property in the same action wherein the invalidity of said 
sale is established and declared void together with his costs 
incurred in such action. In no case shall the city council 
or any member of the city council, or officer of the city 
remit, discount or compromise any tax legally due the 
city, except as provided by the Charter. The city shall 
have the equal right to become the purchaser at all sales 
of property under judgment or otherwise for taxes due 


160 


CHARTER AND ORDINANCES 


it, provided none of the other bidders at such sales bid 
an amount equal to the amount of the taxes and costs 
due on said property. All taxes shall be due and payable 
on the first day of October of each and every year, and 
if not paid by the first day of March thereafter, the same 
shall bear interest thereafter at the rate of 6 per cent 
per annum; a ten per cent penalty shall be added after 
December 31st. It shall be the duty of all persons from 
whom such taxes are due to call and pay the same to the 
City Assessor and Collector of taxes, at his office in the 
City of Beaumont, between the said first day of October 
and the thirty-first day of December next thereafter. 

Article 389. Poll Tax. — Every male citizen of the 
City of Beaumont over the age of 21 years and under 60 
years of age, shall be required to pay an annual poll tax 
of $1.00 to the City of Beaumont. 

Article 390. Property Exempt from Taxation. — That 
the following property shall be exempt from taxation, 
to-wit: All lands used exclusively for grave-yards or 
grounds for burying the dead, except such as are held by 
anyt person, company or corporation with a view to 
profit or for the purpose of speculation in the sale there- 
of ; all buildings belonging to institutions of purely public 
charity, together with the lands belonging to and occupied 
by such institutions not leased or otherwise used with a 
view of all profit and moneys and credits appropriated 
solely to sustain such institutions, together with such other 
property as is exempt from taxation by the laws of the 
State of Texas. 

Article 391. Copy of Assessments. Evidence. — The 

City Assessor and Collector is hereby authorized and it 
shall be his duty to furnish a copy of any assessment 
sheet, or any page of said assessment or delinquent rolls 
referred to in this chapter, at the request of any person 
on payment of a fee of fifteen cents per hundred words 
and each figure shall be counted as a word, and he shall 
attach to such copy a certificate, under the seal of his 
office, certifying the same to be a true and correct copy 
of such page or sheet, and full faith and credit in all 


CITY OF BEAUMONT. 


161 


courts shall be given to the same when thus authenticated 
by him. And all certificates made and entered in the 
minutes of the proceedings of said city council provided 
for in this chapter, or copies of the same, certified to by 
the City Secretary, shall be prima facie evidence of the 
truth of the matters therein recited and shall be deemed 
sufficient to establish and perpetuate the evidence of 
such facts as provided in the charter of this city. 

Article 392. Collection of Taxes on Personal Prop- 
erty. — It shall be the duty of the assessor and collector 
in the refusal of any person to pay the taxes levied upon 
the personal property owned by him to seize and take 
into his possession as much of the personal property sub- 
ject to taxation under the laws of the State of Texas be- 
longing to said delinquent taxpayer upon the personal 
property due from such taxpayer, as shown on said as- 
sessment rolls, and he shall sell the same at public auc- 
tion to the highest bidder for cash, at the door of the 
court house of Jefferson County, Texas, giving ten days’ 
notice of the time and place of such sale by notice duly 
posted at three public places in said city, one of which 
shall be at the door of said court house. 

Article 393. Section 1. Occupation Tax. — It shall 
be the duty of every person, firm, association or cor- 
poration pursuing a business, profession, occupation or 
calling within the limits of the City of Beaumont, upon 
which there is or may be levied an occupation license tax 
by the City Council, which the City Council is hereby 
authorized to do, before commencing or engaging in such 
business or profession or other taxable calling or voca- 
tion, to procure a license from the Assessor and Col- 
lector of taxes of said city, to pursue the same, and for 
any failure, neglect or refusal to procure said license 
shall be deemed guilty of an offense. Any person so 
offending shall be arrested and fined in the sum of ten 
dollars for each and every day of such violation of said 
ordinance may have or may thereafter be continued. All 
occupation tax licenses shall expire on the 31st day of 
March of each year, except as hereafter provided. 


162 


CHARTER AND ORDINANCES 


Section 2. Upon payment of any occupation tax to 
the assessor and collector, he shall give a receipt therefor, 
which shall show the date of payment, the amount and 
by whom paid, and the time and the purpose for which 
the tax has been paid. The stubs thereof shall be pre- 
served as hereinbefore provided. 

Section 3. It shall be the duty of the chief of police 
and city assessor and collector to see that the provisions 
of this chapter relating to occupation taxes are strictly 
complied with, and forthwith to present to the mayoi 
(or recorder) any person violating the same. 

Section 4. It shall be the duty of every person liable 
to occupation license tax, and pursuing his occupation at 
a fixed place, to keep his license conspicuously posted or 
exhibited at his place of business and every person liable 
to license tax shall exhibit his or her license whenever he 
or she is called upon to do so by the Assessor and Col- 
lector, the Chief of Police or any member of the city po- 
lice force. Any person who fails or refuses to post his 
license or exhibit the same to the Assessor and Collector, 
Chief of Police or Policeman, as prescribed by this arti- 
cle, shall be deemed guilty of an offense and shall be ar- 
rested and fined for each time he so fails or refuses to 
post or exhibit the same, as prescribed in this Article, not 
less than ten dollars, nor more than One Hundred Dol- 
lars. 


Article 394. Miscellaneous Provisions. — The As- 
sessor and Collector shall make monthly reports to the 
City Council at their first regular meeting in each month, 
showing the amount of ad valorem and occupation taxes 
and license fees that have been collected by him for the 
previous month. Said reports shall be in writing, un- 
der oath, and shall show what amount and kind of taxes 
and collections have been collected by him for the pre- 
vious month, and what disposition he has made thereof. 

Article 395. City Assessor and Collector May Ap- 
point Deputies. — The city assessor and collector shall be 
and is hereby authorized to appoint one or more deputies, 


CITY OF BEAUMONT 


163 


whose acts in reference to any of the matters referred 
to in this ordinance shall be as authoritative and bind- 
ing as though performed by the City Assessor and Col- 
lector in person. 

Article 396. May Divide and Separate Assessments. 

— When. — The Assessor and Collector and Board of Ap- 
praisement are authorized to divide and separate assess- 
ments made on property where mistakes have occurred 
in reference to the ownership of the same, or where such 
separation may be deemed by them convenient and 
equitable on account of such property having been di- 
vided by sales subsequently made, or by reason of the 
death of the owner of the same. 

Article 397. Assessment of Property Escaping Taxa- 
tion. — If the City Assessor and Collector shall discover 
any property, real or personal, which was subject to taxa- 
tion for any year heretofore and which for any reason has 
escaped taxation, he shall require the same to be listed 
and assessed according to the rate of taxation for the 
year or years it was omitted and enter the same as a 
supplement to his next roll, stating the year, and the 
taxes thereon shall be collected in the same manner as the 
other assessments; provided, that such supplemental roll 
may be made at any time and reported to the City Coun- 
cil for its approval, and any number of such rolls may be 
made that may be necessary. The taxes assessed upon 
such supplemental roll shall be due at once upon ap- 
proval of such rolls by the city council, and if not paid 
within sixty days thereafter, shall bear interest at the 
rate of six per cent per annum, and may be collected by 
seizure and sale or suit, as herein and in the charter pro- 
vided for the collection of other taxes. 

Article 398. Unrendered List. — The City Assessor 
shall list all property which for any cause has not been 
rendered to him for taxation in such form as may be pre- 
scribed by ordinance, and place such valuation thereon 
as he may deem just. If the owners of such property are 
unknown to the assessor, he shall so state and such as- 
sessment shall be sufficient warrant for the collection of 


164 


CHARTER AND ORDINANCES 


the taxes due upon said property by seizure and sale or 
suit as provided in this chapter and in the City Charter 
for the collection of taxes or other property. 

Article 399. Taxes Barred, When. — All taxes due 
the city of Beaumont, for which action is not instituted 
within four (4) years from the time such tax is due and 
payable, shall be conclusively presumed to have been 
paid, and no action therefor shall be maintained. No 
irregularity in the time or manner of making the annual 
levy of taxes heretofore levied by the city council, and 
which are unpaid, shall invalidate the taxes, but they 
are hereby continued in force and may be collected by 
seizure and sale of property of the person owning the 
same, or by suit, as provided in the City Charter and 
in this chapter. Provided, that the limitation herein con- 
tained shall not apply to any claim for taxes accruing 
prior to the enactment of the present charter. 

Article 400. Persons, etc., in Arrears for Taxes Are 
to be Paid, etc. Compromise for Back Taxes. — No money 
shall be paid by the city upon any account whatever to 
any person, firm or corporation who is in arrears to the 
city for taxes due, and the City Council shall have the 
power to compromise all claims for back taxes. 

Article 401. Occupation Taxes on Certain Occupa- 
tions. — That there is hereby levided and shall be collect- 
ed from every person, company, firm or a associations or 
persons pursuing any of the following named occupa- 
tions, an annual occupation tax on every occupation, or 
separate establishment as follows: — 

1. Patent Medicine Vendors. — From every travel- 
ing person selling patent or other medicine, eighty-seven 
dollars and fifty cents, and no traveling person shall so sell 
upon the streets, sidewalks, public squares or vacant lots of 
said city, nor shall the same be sold until the tax is paid; 
provided this tax shall not apply to commercial travelers, 
drummers or salesmen making sales or soliciting trade 
from merchants engaged in selling drugs or medicine by 
wholesale. 

2. Fortune Tellers, etc.— From every fortune teller, 


CITY 0* BEAUMONT. 


165 


five hundred dollars. . From every clairvoyant or mes- 
merist, who plies his or her vocation for money, the sum 
of five dollars, and such sales shall not be conducted or 
carried on upon the streets, public grounds or vacant 
lots of said city. 

3. Auctioneers. — From every auctioneer doing bus- 
iness in the city, ten dollars. 

4. Commission Merchants. — From every person, 
firm or association of persons selling upon commission, 
an annual tax of three dollars and fifty cents. 

5. Ship Brokers or Ship Agents. — From every per- 
son, firm or association of persons following the occupa- 
tion of ship brokers or ship agents, twenty-five dollars. 

6. Shooting Gallery. — From every person or firm 
keeping a shooting gallery, at which a fee is paid or de- 
manded, an annual tax of twelve dollars and fifty cents. 

7. Knife Rack, Ring Devices, etc. — From every per- 
son or firm keeping a knife, cane or doll rack, or any 
other device upon which rings are pitched, or at which 
balls are thrown, an annual tax of twelve dollars and 
fifty cents. 

8. Billiard Tables, etc. — From every billiard, baga- 
telle, pigeon hole, devil among the Taylors, or Jenny Lind 
table and pool table, or anything of the kind used for 
profit, ten dollars, and any such table used in connection 
with any drinking saloon or other place of business where 
intoxicating liquors, cigars or other things of value are 
sold or given away, or upon which any money or other 
thing of value is paid, shall be regarded as used for 
profit. 

9. Obscene Literature. — From every person, firm 
or association of persons, selling or offering for sale, the 
Illustrated News, Police Gazette, Sporting World, 
Standard or other illustrated publication of like charac- 
ter, the sum of two hundred and fifty dollars. 

10. Ten Pin Alley. — From every nine or ten pin 
alley, or any other alley used for profit, by whatever 


166 


CHARTER AND ORDINANCES 


name called, constructed or operated upon the principle 
of a bowling alley, and upon which balls, rings or other . 
devices used as substitutes thereof are rolled, without re- 
gard to the number of pins used, or whether pins are 
used or not, or whether the balls, rings or other devices 
are rolled by hand, or with a cue or any other device, 
fifty dollars. Any such alley used in connection with 
any drinking saloon or any drug store or within a drug 
store where intoxicating liquors are sold or given away, 
or upon which any money or thing of value is paid, shall 
be regarded as used for profit. 

11. Hobby Horses. — From all persons keeping or 
using for profit any hobby horse or flying jenny, or de- 
vice of that character with or without name seven dollars 
and fifty cents. 

12. Peddlers. — From every foot peddler, two dollars 
and fifty cents. From every peddler with one horse, or 
one pair of oxen the sum of three dollars and seventy-five 
cents ($3.75.); from every peddler with two horses or 
two pair of oxen, five dollars ($5.00.) Provided that any 
blind, deaf and dumb person, or any cripple person who 
has lost a hand, or foot shall not be required to pay any 
tax for peddling; provided such person shall not be ex- 
empt from such peddler’s tax within the employ of other 
person or persons. Nothing herein contained shall be 
construed so as to include travelling vendors of tin or 
earthen ware, nor vendors of literature, exclusively re- 
ligious in character, nor traveling vendors of vegetables, 
poultry or other country products exclusively, fruit and 
fruit trees exclusively. 

13. Milk Vendors. — From every milk vendor, sell- 
ing milk within the city as a business, there shall be and 
the same is hereby levied an annual tax of three dollars. 

14. Theatres. — From every theatre or dramatic rep- 
resentation from which pay for admission is demanded or 
received, one dollar for each day they may perform, or 
twenty-five dollars per quarter; provided, that theatrical 
or dramatic representations given by performers, for in- 
struction only, or for charitable purposes shall not be 
herein included. 


CITY OF BEAUMONT. 


167 


15. Circuses. — From every circus wherein eques- 
trian or acrobatic feats and performances are exhibited, 
for which pay for admission is demanded or received, for 
each performance or exhibition and performance where 
an admission fee shall be charged of not more than $1.00, 
$25.00; provided, that the amount of fee charged for re- 
served seats shall be considered as a part of such admis- 
sion fee; provided further, that every show or circus 
which shall advertise itself as a circus or menagerie or 
circus and menagerie or a combination circus and men- 
agerie shall be construed to be a circus or menagerie or 
circus and menagerie, whether it shall be such or not. 

16. Menageries and Other Shows. — From every 
menagerie, wax works museum, side show or exhibition, 
whether connected with a circus or not, where a separate 
fee for admission is demanded or received, five dollars 
for every performance or exhibition in which fees for ad- 
mission are received. 

17. Acrobatic Shows. — From every exhibition 
where acrobatic feats are performed and an admission 
fee charged for profit, not connected with the theatre or 
circus, five dollars for each performance. 

18. Sleight of Hand. — From every sleight of hand 
performance or exhibition of legerdemain, not connected 
with a theatre or circus twelve dollars and fifty cents. 

19. Menageries and Other Shows. — From every 
menagerie, wax works or exhibition of any kind where 
a separate fee of admission is demanded or received, five 
dollars for every day on which fees for such admission 
are received; provided, that exhibitions by associations 
organized for promotion of art, science, charity or ben- 
evolence shall be exempt from taxation; and provided 
further, that persons who form a museum composed en- 
tirely of the products of Texas shall have the right to 
exhibit the same for a fee without paying any occupa- 
tion tax. (See Sub. 21.) 

20. Concerts. — From every concert where a fee of 
admission is demanded or received, two dollars, provided, 


168 


CHARTER AND ORDINANCES 


that the entertainments when given by the citizens for 
charitable purposes or for the support or aid of church, 
literary or cemetery associations are exempt. 

21. Certain Newspapers. — There shall be levied on 
and collected from every person, firm or association of 
persons selling or offering for sale the Sunday Sun, The 
Kansas City Sunday Sun, or other publications of like 
character, whether illustrated or not, the sum of two hun- 
dred and fifty dollars. 

22. General Insurance Agents, etc. — There is here- 
by imposed and shall be collected from each and every 
person acting as general agent or agents of life, fire, ma- 
rine and accident insurance companies, and transacting 
a business as such within this city, an annual occupation 
tax of twenty-five dollars. By general agent as used in 
this law, is meant any person or firm, representative of 
any insurance company in this State, or who exercises a 
general supervision over the local agencies thereof, in 
this State, or any sub-division thereof. 

23. Ice Dealers. — From each person or corporation 
who are wholesale dealers, selling imported or home- 
made ice to the trader to be sold again, a tax of fifteen 
dollars. 

24. Agents of Industrial Life Insurance Companies. 

— There is hereby imposed upon and shall be collected 
from each and every person or firm, acting as local agent 
or agents, of Industrial Life Insurance companies, who 
may transact any business as such within this city, an 
annual occupation tax of one dollar. 

25. Lightning Rod Agent.— For every person, firm 
or association of persons dealing in lightning rods within 
this city, an annual tax of eighteen dollars, and the same 
tax shall be levied upon any persons canvassing for the 
sale of the same within the city. 

26. Cotton Brokers, etc. — From every person, firm 
or association of persons, following the occupation of 
cotton broker, cotton factor or commission merchant, 
seventeen dollars and fifty cents; provided, that a mer- 


CITY OF BEAUMONT. 


169 


chant, who pays an occupation tax under this law, as 
hereinbefore provided, shall not be considered as a cot- 
ton broker; from every pawn broker, an annual tax of 
thirty seven and one half dollars; from every cotton 
buyer, or every buyer of wool, five dollars ; provided that 
a merchant who pays an occupation tax as herein else- 
where prescribed, shall not be considered a cotton buyer, 
or buyer of wool. 

27. Sewing Machine Agents. — From every person, 
firm or agency, or association of persons, dealing in sew- 
ing machines, an annual tax of seven dollars; provided, 
that a merchant who pays an occupation tax as herein 
elsewhere provided, shall not be required to pay this 
special tax to sell sewing machines. 

28. Clock Peddlers. — From every person or firm 
who peddles out clocks, or cooking stoves or ranges, 
washing machines, churns, within this city, the sum of 
one hundred and twenty-five dollars; provided that a 
merchant who pays an occupation tax, as required by 
this article, shall not be required to pay this special tax. 

29. Electric Companies. — From every electric light 
company, operating an electric light plant within the 
city of Beaumont, a tax of seventeen dollars and fifty 
cents annually shall be levied and collected. 

“ 30. Skating Rinks. — From every, skating rink, 
twelve dollars and fifty cents. 

31. Hotels. — For every hotel twenty dollars. 

32. Restaurants. — For every restaurant or cook 
shop, ten dollars. 

33. Soda Water, Lemonade Stand, etc. — From every 
person, firm or association of persons, selling soda water, 
lemonade, or other such like beverages, twelve dollars. 

34. Occupation Tax for Selling Spiritous Liquors, 
etc. — Hereafter there shall be collected from every per- 
son, firm, corporation or association of persons selling 
spiritous, vinous, or malt liquors or medicated bitters, 


170 


CHARTER AND ORDINANCES 


capable of producing intoxication, an annual tax on each 
separate establishment, as follows: — 

For selling such liquors or medicated bitters in 
quantities of one gallon or less than one gallon, one hun- 
dred and eight-seven dollars and fifty cents. 

For selling such liquors or medicated bitters in 
quantities of one gallon or more than one gallon, one 
hundred and eighty-seven dollars and fifty cents, pro- 
vided, that in selling one gallon the same may be made 
up of different liquors in unbroken packages, aggregat- 
ing not less than one gallon. For selling malt liquors ex- 
clusively thirty-one dollars and twenty-five cents. All 
of said liquor tax shall be paid annually in advance and 
under the same restrictions and regulations as prescribed 
by the State law, to run for not less than one year from 
date of issue. 

35. Market House, Wagon, Stall, etc. — For each 
Market House or Stall, or market wagon or cart, running 
regularly in the business, twenty-five dollars; provided, 
there shall be no additional tax paid where any person or 
firm runs a cart or other vehicle in connection with their 
market house, or stall, and provided further, there shall 
be no tax on fish, fowls and game. 

36. Circus Parades. — For every circus, show and 
exhibition company which shall parade its troops, 
horses, wagons, cages and menagerie in, upon and along 
the streets within the corporate limits of the City of 
Beaumont, there shall be collected the sum of twenty- 
five dollars for each day such parade is had, provided, 
this shall not apply to such parade or menagerie as they 
are being transferred from the cars to the circus grounds, 
nor will the same be levied and collected when such cir- 
cus or show shall have paid the tax elsewher herein pro- 
vided for circuses, etc. Such tax shall be paid before 
such parade is had. 

37. Telephone Companies. — From every telephone 
company doing business within the city, an annual tax 
of five dollars. 


CITY OF BEAUMONT. 


171 


38. Plumber. — From every person carrying on his 
occupation as plumber in the city, an annual tax of nine 
dollars. 

39. Hacks, etc. — From each hack, wagon, dray, 
buggy, carriage, etc., not connceted with a livery stable 
and let for hire, the sum of two dollars' annually . 

40. Pawnbroker. — From each pawnbroker, the sum 
of seventy-five dollars annually. 

41. Specialists, etc. — Medical specialists, occulist, 
surgeon, or physician, traveling, $25.00, payable an- 
nually. 

42. * Exhibitions for Sale of Medicines, etc. — From 
each owner and manager or keeper of every show or 
company o£ persons giving exhibitions of music, songs, 
recitations, sleight of hand, gymnastics or other kinds of 
performance in a tent, house or elsewhere, which said 
exhibitions are used for profit by the sale of medicines, 
electric belts or other articles of value, whether charge 
is made only for seats or not, a tax of two dollars and 
fifty cents for every such performance or exhibition. 

43. Bill Posters. — From each bill poster, plying his 
vocation in the city, ten dollars annually. 

44. Street Stands. — From every street stand or per- 
son doing business on the street or occupying a stand 
thereon for doing business the sum of four dollars an- 
nually. 

45. Selling Cannon Crackers or Toy Pistols. — There 
shall be levied upon every person, firm or corporation 
engaged in the occupation of selling cannon crackers, or 
toy pistols used for shooting or exploding cartridges 
within this city, an annual tax of Two Hundred and Fifty 
($250.00) dollars and such person, firm or corporation so 
selling such cannon crackers shall be required to pay an 
additional tax in the above amount and take out an ad- 
ditional license for each separate establishment or place 
in which such cannon crackers shall be sold. 


172 


CHARTER AND ORDINANCES 


By the term “cannon cracker’ ’ is meant any fire 
cracker or other combustible package more than two 
inches in length, and more than one fourth inch in diam- 
eter commonly sold and exploded for the purpose of 
amusement. 

Nothing in this act shall be so construed as to pro- 
hibit the sale of or to place a tax on the sale of cartridges, 
combustible packages or explosives commonly used for 
firearms or artillery, mining, excavating earth or stone, 
scientific purposes or for any public or private work. 

Penalty. — Any person or corporation, violating the 
provisions hereof shall be fined in any sum not less than 
$5.00 nor more than $200.00 and each sale shall be and 
constitute a separate offense. 

Article 402. Ordinance Prescribing a Penalty for 
Refusing to Pay Occupation Tax. — That any person, firm 
or corporation or association of persons upon whom an 
occupation tax shall have been levied by the ordinances 
of this city, who shall fail or refuse to pay such tax after 
demand made therefor by an official of this city author- 
ized to collect the same, shall be deemed guilty of a mis- 
demeanor and be punished by a fine in any sum not less 
than the amount of such tax due, and all costs of prosecu- 
tion not exceeding one hundred dollars; each failure or 
refusal to pay such occupation tax after each successive 
demand to constitute a separate offense. 

Article 403. Penalty for Not Rendering Property or 
Making Oath. — That is shall be unlawful for any person, 
firm or corporation or the agent or agents or other per- 
sons representing any person, firm or corporation, who 
have property subject to taxation or who are liable fo> 
any tax, to fail, neglect or refuse to render a list, in- 
ventory and appraisement thereof, or to fail or refuse 
to make oath to such list, inventory and appraisement, 
and any person, firm or corporation or the agents or rep- 
resentatives of any such person, firm or corporation vio- 
lating any of the provisions hereof, shall be deemed 
guilty of a misdemeanor and upon conviction thereof 
shall be fined in any sum not exceeding one hundred 
dollars. 


CITY OF BEAUMONT. 


173 


CHAPTER XXXI. 

SEWER DISTRICT. 

Article 404. All the territory within the corporate 
limits of the city which shall border on the line within 
300 feet of any main or lateral sewer now constructed or 
that may hereafter be constructed by the city of Beau- 
mont, shall constitute the sewer district of this city and 
all property owners within such territory shall be re- 
quired to connect all water-closets, urinals, slop-sinks, 
and sink basins with such main or lateral sewer as may 
be within such distance of their property, as required 
by the ordinances of the City of Beaumont. 

Article 405. Sewers Belong to City. — All sewers now 
laid down and existing in the streets of 
the City of Beaumont, and all which may 
hereafter be laid down or exist therein, as 
well as all sewers which tap, connect with or run into the 
public sewers of this city, shall be and the same are made 
the property of the City of Beaumont and placed under 
the control and regulation of the ordinances of this city. 

Article 406. Sewer Connections, etc. — To connect 
with district sewers and the manner, of etc. Private sewers 
water closets, slop sinks, sink basins, etc., shall be con- 
structed in all sewer districts where district sewers are 
now established or may hereafter be established, to con- 
nect with said district sewers, on notice from the Mayor 
or City Engineer. Said connections to be made with 
plans and specifications approved by the City Engineer 
and kept on file in the office of the City Secretary, and 
said work to be done under the supervision and direction 
of the street commissioner or city engineer, or the street 
and bridge committee, at the expense of the property 
owners. t 

Article 407. Must Have Permit from the Mayor. — No 

person shall make any connection with, or any opening 
into, any public sewer without a permit from the Mayor. 
Applications for permits shall be made in writing, to the 
Mayor by the property owner, or his authorized agent. 


174 


CHARTER AND ORDINANCES 


Such application shall give the exact location of the prop- 
erty, the name of the owner, and the name of the person 
employed to do the work, and shall be made on the day 
previous to opening the sewer. 

Article 408. Permit May be Revoked. — All permits 
to connect with sewers shall be given upon the express 
condition that the City Engineer or Mayor may at any 
time before the work is completed, revoke and annul the 
same, and no party interested shall have a right to claim 
damages in consequences of such permit being revoked 
and annulled. 

Article 409. Owner or Plumber Shall be Held Re- 
sponsible for Damages. — The property owner or plumber 
who makes the connections, or both, shall be held re- 
sponsible for any injuries the plumber shall cause to 
the sewer or street in making such connections. 

Article 410. Permitting Gutters, Cesspools, etc., Be- 
ing Connected with Public Sewers. — No person or cor- 
poration shall connect any open gutter, cesspool, privy, 
vault or cistern with any public sewer or with any pri- 
vate sewer connecting with the public sewer. 

Article 411. Rain Water Conductors Not Connected. 

— No rain water conductors shal Ibe connected with pub- 
lic sewers or with any private sewer connected w r ith the 
public sewer. 

Article 412. Shall Not Injure, Break or Remove. — 

No person or corporation shall injure, break or remove 
any portion of any manhole, lamp hole, flush tank or any 
part of the public sewers, and when any person or corpor- 
ation shall desire to lay or drive any pipe in any of the 
streets upon which sewers are laid, they shall give at 
least twenty-four hours notice to the Mayor. 

Article 413. Offenses as to Sewers. — It shall be unlaw- 
ful to do any of the following acts as herein provided: 
To uncover the public or district sewers for any purpose, 
or to make connections therewith or uncover the public 
connection branches thereof, unless by consent and un- 


CITY OF BEAUMONT. 


175 


der the supervision of the Mayor or city engineer, or 
their duly authorized agents, whose duty it shall be to 
insure full compliance with this article in relation to 
connections, and a failure of duty in this respect shall 
subject such engineer, Mayor or their agent to all the 
penalties of this chapter. 

Article 414. Throwing Certain Things in Sewer. — To 

throw or deposit or cause or permit to be thrown or de- 
posited, in any vessel or receptacle connected with dis- 
trict or public sewers, any garbage, hair, ashes, bones, 
sticks, rags, cotton, coarse paper, fruit or vegetable peel- 
ings, cinders, or any other substances whatsoever, which 
would have a tendency to obstruct such sewer, except toilet 
paper and closet paper, foeces, urine and liquid house 
slop, shall be unlawful. 

Article 415. Requiring Property Owners to Con- 
nect with Sewers. — All property owners within the sewer 
district now existing^ or which may hereafter exist, are 
hereby required to construct, or cause to be constructed, 
suitable water closets and slop sinks on their property, 
within such districts, and connect the same with lateral 
sewers or pipes of said district sewer under the super- 
vision of the City Engineer, or other person appointed by 
the Mayor and according to such plans and specifica- 
tions as he may require. No person shall hereafter build 
or use, within the sewer district, any privy vault, above 
or below ground, in said sewer district. All persons now 
having such privies in such districts are hereby re- 
quired to abate the same within twenty-four days from 
the passage hereof, and to construct and put in water 
closet and private sewers required by this chapter. 

Article 416. Penalty. — That every person who omits 
or refuses to comply with, or who resists or wilfully 
violates any of the provisions of any of the articles of 
this chapter or of chapter 18 of this Code, or any of the 
rules, orders or sanitary regulations established by the 
City Council, City Engineer, or Health Officer, in car- 
rying out the provisions of this Chapter, or Chapter 18, 


176 


CHARTER AND ORDINANCES 


or the execution of any order, or special regulation of 
the Health Officer, made for that purpose, is hereby de- 
clared to be guilty of a misdemeanor, and upon convic- 
tion in the city court, shall be fined for each offense in 
any sum not to exceed one hundred dollars. 

Article 417. Sewer Connection to be Reported 
Monthly, Reports to Scavenger, Requisites of Such Re- 
ports. — Every person, firm or corporation who shall make 
a connection with any sewer in the city of Beaumont 
shall on the first day of the month after said connection 
is made make a report of same to the City Scavenger. 
Said report shall be made on blanks to be furnished by 
the City and shall contain the name of the person, firm 
or corporation for whom said connection was made, the 
location of the premises and the person, firm or corpora- 
tion making said connection. 

Article 418. Penalty. — Any person, firm or corpora- 
tion, violating any of the provisions of the foregoing 
Article, shall on conviction in the Corporation Court, be 
fined in any sum not less than Five Dollars nor more 
than Two Hundred Dollars. Each day, after said report 
is due, shall be and constitute a separate and distinct 
offense. 

CHAPTER XXXII. 

FIRE DISTRICT AND BRICK, STONE AND CORRU- 
GATED IRON LIMITS. 

Article 419. That it shall hereafter be unlawful to 
erect or build any structure or house of any character 
of any other material than stone or brick on any lot, lots 
or parts of lots within the following described districts 
in the City of Beaumont, which shall constitute the brick 
and stone limits, to-wit: 

Beginning at the corner of Crockett and Neches 
streets, thence southeast on Neches street 150 feet; 
thence northeast through Block Number Seventeen (17) 
of the Van Wormer Addition of the City of Beaumont 
to Park street; thence southeast on Park street 361 feet; 
thence northeast 150 feet to the center of Block 51, and 


CITY OF BEAUMONT. 


177 


thence southeast through Blocks Number 51 and 50 to 
Forsythe street ; thence northeast on Forsythe street 361 
feet; thence southeast through Blocks 39, 38 and 37 to 
Washington street ; thence northeast on Washington 
street 391 feet; thence northeast through blocks Number 
11 and Number 12 and the City Park to a point on For- 
sythe street 180 feet northeast from Pearl street; thence 
northeast on Forsythe street 120 feet to Main Street; 
thence north on Cypress street to a point half way be- 
tween Mulberry and Tevis streets; thence west through 
Block 20 to Travis street; thence north 150 feet to Mul- 
berry street; thence west on Mulberry street to Main 
street ; thence northwest on Main street to Calder avenue ; 
thence west on Calder to a point which would be the cen- 
ter of Alamo street if extended; thence south on Alamo 
street, if extended, to the alley dividing Block Number 
20 of the Calder Addition; thence west along the center 
of said alley to the center of Janes street; thence south 
on Janes street to the south side of Laurel avenue; thence 
southwest across the yards and right of way of the Texas 
& New Orleans Bailway to a point where Trinity street 
intersects with the south line of said right of way; thence 
southeast on Trinity street to its intersection with Crock- 
ett street; thence northeast on said Crockett street to 
place of beginning. 

Article 420. A corrugted iron building shall be con- 
strued to mean a building entirely covered with corruga- 
ted iron on the outside of same; provided that this Ar- 
ticle shall not be construed to prevent the placing of 
wooden doors and windows and the frames thereof in 
any of said buildings. 

Article 421. Engineer to Give Lines, When. — It shall 
be the duty of the City Engineer, when anyone applies 
for and obtains a building permit, to see that the building 
or fence is erected on the proper lines of the party ob- 
taining such permit, who shall properly establish the 
same, and his decision therein shall be final; and any- 
one erecting his building or fence on any other line than 
those given him by the City Engineer, or those estab- 


178 


CHARTER AND ORDINANCES 


lished by the City Engineer, shall be guilty of a misde- 
meanor, and upon conviction in the Corporation Court, 
shall be fined in any sum not to exceed one hundred dol- 
lars. 

Article 422. Compensation of the Engineer in Such 
Cases. — In all cases arising under the preceding article, 
when the services of the City Engineer are required, he 
shall be entitled to charge the party therefor the sum of 
two dollars, which charge shall if demanded by the city 
engineer, be paid in advance and if not paid, he may re- 
fuse to give the lines hereinbefore provided for. 

Article 423. Duty of Chief of Police and Policemen 
Under This Chapter. — That it shall be the duty of the 
Chief of Police or any policeman of the city, whenever 
they shall see any building or fence being erected or re- 
paired within the city and they have reason to believe 
that the same is being erected or repaired without per- 
mit, to make a demand of the owner or builder of the same 
for an inspection of said permit and if the party has 
no permit, the said officer shall immediately file com- 
plaint in the city court against the owner or agent of 
said property, who shall upon conviction be fined in any 
sum not exceeding one hundred dollars. 

CHAPTER XXXIII. 

BUILDING REGULATIONS. 

Article 424. Free Permits. — That any and all work 
in the City of Beaumont, consisting of any repairs upon 
any building or structure where the same is to cost less 
than $100.00, reasonable plans and specifications of the 
same shall be submitted to the building inspector and a 
permit for building taken out as other permits for build- 
ing in the City of Beaumont and no charge shall be made 
therefor. 

Article 425. Permits Posted. — It shall be unlawful 
for any person to proceed to construct or repair any build- 
ing or structure within the limits of the City of Beau- 
mont without a permit issued by the City Engineer and 
approved by the Mayor, posted in a conspicuous place 


CITY OF BEAUMONT. 


179 


upon said building or structure and it shall be unlawful 
for any person to cause or permit or suffer or to assist in 
any such work being done without such permit so posted. 

Article 426. Plans Submitted and Estimates. — When 
any person shall be desirous of erecting, repairing or 
altering any building or structure within the limits of 
the City of Beaumont, he shall make an application at 
the office of the Inspector of Buildings for a permit for 
that purpose and shall furnish said inspector with a writ- 
ten statement of the locality, dimensions, cost and man- 
ner of construction of the proposed building or structure, 
or alterations or repairs of the existing building or struc- 
ture, with the materials to be used and with plans drawn 
to scale and specifications of the proposed building or 
structure, which should be delivered to said inspector 
and remain in his custody not to exceed four days to 
allow the necessary examination to be made of the same, 
and if required by the inspector a copy of said plans and 
specifications, or any of them shall be filed in the office 
of said inspector of buildings permanently, after which, 
if it shall appear to said inspector that the laws and or- 
dinances of the city are complied with, he shall have 'is- 
sued the permit asked for, after collecting from the ap- 
plicant the following fee according to the following 
table : 

Article 427. Fees for Permits. — Fees for permits 
and for work and material to cost as follows: For per- 
mits for work costing from $100.00 to $500.00, one dollar; 
from $500 to $2000, two dollars shall be charged ; one dol- 
lar per thousand from $2000 to $10,000. Seventy-five 
cents per thousand in addition from $10,000 to $20,000. 
Fifty cents per thousand in addition from $20,000 to $50,- 
000. Twenty-five cents per thousand in addition from 
$50,000 to $100,000. Twenty-five cents per thousand in 
addition for all over $100,000. And it shall be unlawful 
for any person to proceed to construct or repair any 
building or structure within the limits of the City of 
Beaumont without such permit issued by said inspector 
of buildings. 


180 


CHARTER AND ORDINANCES 


Article 428. Inspector Shall Keep Blank Forms. — It 

shall be the duty of the Inspector of Buildings to obtain 
and keep in his office forms for the written statements 
for applicants to fill out, as required in this chapter, said 
form having proper blanks for the description of the loca- 
tion of the proposed structure to be erected, altered or 
repaired, number and height of stories, dimensions of 
joists and timbers, and their distances apart, dimensions 
of supporting iron work, if any, for what purpose the 
building or structure is designed and such other infor- 
mation applicable to the proposed improvement as the 
Inspector may require. Said form shall also contain an 
agreement that the owner or owners, his or their architect, 
agent or agents, will in all respects construct the work in 
accordance with such detailed statements, plans and speci- 
fications, and in accordance with the laws and ordinances of 
the City of Beaumont, which said agreement shall be 
signed by the owner or owners, his architect, agent or 
agents. 

Article 429. Brick and Stone Buildings to be In- 
spected. — It shall be unlawful for any person or persons 
to erect, construct or build, or cause to be erected, con- 
structed or built, any brick, iron, granite, stone houses or 
building or buildings or house partly composed of brick, 
iron, granite or stone, or to alter any such building so as 
to make it substantially a new building in the City of 
Beaumont, unless the same shall have been inspected 
from time to time by the inspector of buildings and a cer- 
tificate furnished by him to the effect that said house 
or building is properly constructed and in all respects 
safe and secure; and should said inspector award such 
certificate to any person or persons for any house or 
buildings, not according to provisions of this chapter, he 
shall be forthwith dismissed from office by the Mayor 
and Board of Aldermen in addition to the punishment 
hrereinafter provided for. 

Article 430. Officers Have Right to Enter Premises. 

— All officers appointed under this or any future ordi- 
nance shall so far as it may necessary for the perform- 


CITY OF BEAUMONT. 


181 


ance of their resective duties, have the right to enter 
any premises in the City of Beaumont. No house or build- 
ing now or hereafter built shall be altered until the same 
has been examined and approved by the inspector as be- 
ing in a good and safe condition to be altered as pro- 
posed and the alteration so made shall conform to the 
provisions of this chapter, and any other law of the 
City of Beaumont in relation thereto. 

Article 431. Repairs. — Any work or addition or al- 
teration made into or upon any house or building, except 
the necessary repairs not affecting the external or party 
wall, chimneys, stairways or height of buildings or house, 
shall to the extent of such work, alteration or addition, 
be subject to the laws and ordinances of the City of 
Beaumont. When such changes other than the necessary 
repairs of wear and tear are desired it will be necessary 
to make all parts of said building comply with the laws 
and ordinances of the City of Beaumont if such repairs 
are reasonably necessary to put said building or house 
in a safe condition, to be used as intended. 

Article 432. Buildings in Fire Limits. — No person 
or persons shall erect, or cause to be erected within the 
fire limits of the City of Beaumont, any building or ad- 
dition to a building, the outer walls of which are not com- 
posed entirely of brick, stone, concrete or other incom- 
bustible material, and the roof thereof covered with slate, 
tin, zinc, copper, iron, gravel or other equally fireproof 
roofing; and if any buidling within the limits aforesaid 
shall be damaged to the extent of one-half thereof it shall 
be unlawful to rebuild the same unless the outer walls and 
roof of the portion rebuilt shall be composed entirely of 
incombustible materials. 

Article 433. Damage to Frame Buildings in Fire 
Limits. — Whenever any frame building within the fire 
limits shall have become damaged from any cause to the 
extent, in the judgment of the inspector of buildings, one- 
half of the value of such building, if the owner of the 
buildings objects to the conclusions arrived at by the 
said inspector, the Inspector of Buildings shall notify the 


182 


CHARTER AND ORDINANCES 


Chief of the Fire Department and the City Engineer, and 
they shall make an examination of the building and make 
a report to the inspector as to the amount of damage. 
Whenever such buildings shall be adjudged by such arbi- 
trators to have been damaged to the extent of one-half 
of its value, such building shall be condemned by the 
Inspector of Buildings, and it shall be unlawful to repair 
the same except that repairs on frame buildings in the 
fire district may be made involving the substitution of 
material or work made necessary by ordinary wear and 
tear, and that frame buildings damaged by fire or other 
similar causes, less than one-half the value of said build- 
ing, exclusive of the foundation, the walls of said build- 
ing may be repaired, but no alterations or changes in 
plans or size of such structure shall be made or other 
changes which may involve the use or uses other than 
those for which the structure was originally intended. 

Article 434. Roof in Limits. — That where any roof 
in the fire district that does not conform to the fire ordi- 
nances is damaged so as to need to be repaired, that, if 
as much as ten per cent has to be made new, the whole 
roof shall be repaired with fire proof material. 

Article 435. Fire District. — That wooden dwellings 
already permitted and now maintained within the fire 
limits may be improved by wooden additions not exceed- 
ing one-fourth their present floor areas whenever the 
Building Inspector shall, upon careful inspection of said 
buildings, find them to be in good condition, and shall 
find that the same may be allowed without materially in- 
creasing the danger from fire and such additions are oth- 
erwise unobjectionable, but in no case will any roof be 
allowed or repairs to any roof that is damaged more than 
ten per cent without the same be of fireproof material. 

Article 436. Modification of Building Laws. — Out- 
side the fire limits, when any brick, stone, or concrete 
building is to be erected of a class that could under the 
building laws be constructed of wood, the Building In- 
spector is hereby authorized and directed to allow reason- 
able modification of the building laws relating to such 


CITY OF BEAUMONT. 


183 


building, in consideration of the incombustible material 
being used for wall instead of wood. 

Article 437. Height of Stories.— The height for 
stories for all given thickness of walls, in the City of 
Beaumont, must not exceed 12 feet in the clear for base- 
ment, 18 feet in the clear for first story, 15 feet in the clear 
for second story, 13 feet in the clear for the third story, 

12 feet in the clear for the fourth story, and 14 feet in the 
clear average height of upper stories. If any stories ex- 
ceed these heights respectively, the walls of such story 
and all the stories below the same shall be increased four 
inches in thickness additional to the thickness hereafter 
mentioned. 

Article 438. Thickness of Walls. — In accordance with 
the foregoing provisions, brick or stone walls for all 
buildings in the City of Beaumont, unless otherwise 
specified in the chapter, shall be not less than the thick- 
ness designated in the following table: 

Enclosing Walls for Brick Buildings. — One story 
high, basement 13 inches, first story 13 inches. Two sto- 
ries high, basement 18 inches, first story 13 inches, sec- 
ond story 13 inches. Three stories high, basement 22 
inches, first story 18 inches, second story 13 inches, third 
story 13 inches. Four stories high, basement 27 inches, 
first story 22 inches, second story 18 inches, third story 13 
inches, fourth story 13 inches. Five stories high, base- 
ment 27 inches, first story 27 inches, second story 22 
inches, third story 18 inches, fourth story 13 
inches, fifth story 13 inches. Six stories high, 
basement 31 inches, first story 27 inches, sec- 
ond story 27 inches, third story 22 inches, fourth story 
18 inches, fifth story 13 inches, sixth story 13 inches. 
Seven stories high, bsement 31 inches, first story 27 
inches, second story 27 inches, third story 27 inches, 
fourth story 22 inches, fifth story 18 inches, sixth story 

13 inches, seventh story 13 inches. Or this means that a 
13 inch wall means three half-brick thick, an addi- 
tional thickness means an additional half brick. Party 
walls in buildings to be four inches thicker than the 


184 


CHARTER AND ORDINANCES 


above scale. Front and rear walls that are not bearing 
walls: Enclosing walls for brick buildings. Of 4-story 
buildings, basements 20 inches, first story 16 inches, sec- 
ond story 16 inches, third story 12 inches, fourth story 
12 inches. Of 5-story buildings: Basement 20 inches 
first story 20 inches, second story 16 inches, third story 
16 inches, fourth story 12 inches, fifth story 12 inches. 
Of 6-story buildings: Basement 24 inches, first story 20 
inches, second story 20 inches, third story 16 inches, 
fourth story 16 inches, fifth story 12 inches, sixth story 
12 inches. Of 7-story buildings: Basement 24 inches, 
first story 20 inches, second story 20 inches, third story 
16 inches, fourth story 16 inches, fifth story 16 inches, 
sixth story 12 inches, seventh story 12 inches. 

Partition Walls in Business Buildings That Are Not 
Bearing Walls — Enclosing Walls for One Story — Base- 
ment 13 inches; first story 13 inches. For two stories: 
Basement 18 inches, first story 13 inches, second story 13 
inches. For three stories: Basement 18 inches, first story 
18 inches, second story 13 inches, third story 13 inches. 
Four stories : Basement 22 inches, first story 
18 inches, second story 18 inches, third ctory 13 inches, 
fourth story 18 inches, fifth story 13 inches, sixth 
inches, first story 22 inches, second story 18 inches, third 
story 18 inches, fourth story 13 inchets, fifth story 13 
inches. For six stories: Basement 27 inches, first story 
22 inches, second story 22 inches, third story 18 inches, 
fourth story 18 inches, fifteh story 13 story 13 inches, 
sixth story 13 inches. 

Article 439. Definition of Business Building. — 

The term “Business Building/’ as used in this chapter 
shall include hotels, theatres, churches, school houses, 
office buildings, store houses and all other buildings used 
principally for business purposes. 

Article 440. Definition of Store or Warehouse. — 

The term “Wholesale store or warehouse building” as 
nsed in this chapter shall include all buildings used ex- 
clusively for purpose of mercantile business or the stor- 
age of goods. 


CITY OF BEAUMONT. 


185 


Article 441. Definition of Basement Story. — A 

“basement story” as the term is used in this chapter, is 
defined as a story whose floor is twelve inches or more 
below the sidewalk, and whose height does not exceed 
twelve feet in the clear. 

Article 442. Height of Buildings. — How Computed. 

— The height of all buildings, as the term is used in this 
chapter, shall be taken from the grade of the sidewalk 
to a point half way from the lowest to the highest part 
of the roof. 

Article 443. Mill Construction. — In all mill con- 
struction buildings that have brick or stone piers prop- 
erly constructed to exclusively carry all required loads, 
the face of such piers or pilasters shall be equivalent to 
one-fourth as much as the space between their centers. 
The brick or stone walls between piers which carry their 
own weight only, called the curtain walls, shall be of not 
less than twelve inches in thickness, from first floor to 
roof. 

Articcle 444. Walls With Trussed Roof. — The out- 
side brick or stone walls of rooms, having trussed roof or 
ceilings, such as churches, public halls, theaters, dining 
rooms or the like, if more than fifteen or less than 
twenty-five feet high, shall average at least 18 inches 
in thickness; if over twenty-five feet high at least 22 
inches in thickness; if over forty-five feet high, at least 
27 inches in thickness. An increase of four inches in 
thickness shall be made in all cases where the walls are 
over one hundred feet long, unless there are cross walls 
of equal height. 

Article 445. Buttresses. — If solid buttresses of brick 
or stone are employed, with a sectional area of three hun- 
dred or more square inches, in addition to thickness of 
brick or stone walls, placed not over eighteen feet cen- 
ters which extend to or nearly to top of walls, the walls 
constructed with such buttresses may be four inches 
less in thickness than required. 

Article 446. Cut Stone Facing. — Cut stone facing 


186 


CHARTER AND ORDINANCES 


of walls shall be backed up with brick work of the same 
thickness as is required where no cut stone is used, in 
cases where the cut stone is in a great measure self-sup- 
porting, four inches less thickness of brick backing may 
be used. Ashler floats, properly bonded to the brick 
work, may have backing same as self-supporting stone 
fronts or walls. 

Article 447. Party Walls. — Any party wall now 
existing that shall have been built conformable to the 
requirements of this chapter, regulating the construc- 
tion of such walls, if sound and in good condition, may 
be used in the construction of any adjoining building. 
Provided, however, that no additional height shall be 
given to the wall, unless the thickness of such additional 
wall in each story shall at least equal the thickness re- 
quired for party walls. This section shall apply in all 
cases where it is desired to add additional height to any 
business building. In case of outside walls of any busi- 
ness building being built against the wall of any old 
building (not being a party wall) the new wall should 
be of the same thickness as required for outside walls 
in such buildings. 

Article 448. Walls for Two-story Business and 
Dwelling Houses. — All brick or stone buildings in the 
City of Beaumont, such as dwellings and combination 
buildings, having the first story of basement and first 
story designed for business purposes, and the upper 
stories for dwellings, the first story being not more 
than thirty inches above grade of sidewalks, shall have 
walls of the thickness as follows: For two-story and 
basement buildings, the basement wall 18 inches and 
the first story wall 13 inches, second story wall 13 
inches. For three-story and basement buildings: Basement 
and first story walls 18 inches, second and third story 
walls 13 inches. For four story buildings: The base- 
ment walls 22 inches, first and second stories 18 inches, 
third and fourth stories 13 inches. 

Article 449. Fire Walls on Brick or Stone Dwell- 


CITY OF BEAUMONT. 


187 


ings. — All brick or stone dwelling houses, including those 
having the first story used for business purposes and 
all other brick or stone buildings that have flat roofs 
shall have all the walls (except the front walls) extend 
eighteen inches above the roof, and not less than thirteen 
inches thick, and shall have proper copings of incom- 
bustible materials. Double pitched roofs shall have 
their division and side walls carried up forming fire 
walls in the same manner. 

^Article 450. Fire Walls in Business Buildings. — All 
brick or stone business buildings, more than two stories 
high, having flat roofs shall have their side and rear 
walls carried up not less than two feet at any point ex- 
cept where it joins front wall, two feet above the roof, 
division of party walls not less than three feet from wall, 
three feet above, forming division of party walls not less 
than thirteen inches except where it joins front walls and 
shall have copings of incombustible materials. On such 
buildings front walls must be not less than eighteen 
inches above roof. Division and party walls shall ex- 
tend through mansard or other steep roofs not less than 
sixteen inches, and shall have copings the same as other 
fire walls. 

Article 451. Chimneys and Flues. — In all buildings 
ordinary flues or chimneys shall not have less than four- 
inch walls, and no chimney top shall be less than three 
feet above roof (for flat roofs), and three feet above 
the ridge of any pitched roofs. Flues larger than 234 
square inches and less than 378 shall be 
enclosed with walls not less than eight 
inches thick. Flues larger than 378 square inches 
and less than 546 square inches shall have inclosed wall 
not less than thirteen inches thick. The tops of these 
chimneys shall be at least eight feet above the highest 
part of the roof. Flues having eight or twelve inch 
walls shall be lined with fire brick from the bottom of 
the flue to a distance of five feet above the inlet of the 
funnel; the remainder of the flue shall be plastered in- 
side. 


188 


CHARIER AND ORDINANCES 


Article 452. Chimneys and Flues. — The provisions 
of the foregoing sections as to the thickness of the walls 
pertaining to chimneys shall be applicable only to such 
chimneys as are a part of or situated in any building. 
Fines in party walls shall not extend beyond the center 
of the walls, joint flues in part shall be separated by a 
four inch width of brick for their entire height. Any 
chimney or flue not forming a part of wall shall rest 
upon the ground with a proper foundation. 

Article 453. Flues and Chimneys to Have Terra 
Cotta Linings; — Every smoke flue shall be lined on the 
inside with either cast iron or fireproof terra cotta pipe 
from the bottom of the flue or from the throat of the 
fire place, if the flue starts from the latter, the fore- 
going to apply only to flues having four-inch walls, and 
carried up continuously to the extreme height of the 
flue or chimney. The ends of all such pipe linings shall 
be made to fit close together, and the lining shall be 
built in as the flue or flues are carried up. All the flues 
and chimneys shall start on proper foundations, same 
to extend down to the depth of any wall that they may 
connect with. 

Article 454. Foundations. — Proper foundations 
of masonry shall be prepared for the support of brick or 
stone buildings, and no foundation shall be less than 
two feet below the exposed surface of the ground. The 
breadth of the foundations of the several parts of any 
such buildings shall be proportioned so that as nearly 
as practicable, the pressure shall equal on each square 
foot of the foundation. Cement mortar shall be used in 
the masonry of all foundations up to building grade. 
Good, solid, natural earth shall be deemed to safely sus- 
tain a load of three tons to the superficial foot, and the 
width of footing courses shall be at least sufficient to 
meet these requirements. In computing the width of 
walls a cubic foot of brick shall be deemed to weigh one 
hundred and fifteen pounds (115). Sandstone, marble, 
granite and other kinds of building stone shall be deemed 
to weigh one hundred and sixty (160) pounds per cubic 


CITY OF BEAUMONT. 


189 


foot. The safe bearing load to apply to first-class brick 
work laid in good lime mortar shall he taken at eight 
(8) tons per superficial foot, and when good lime and 
cement mortar is used, shall be taken at ten (10) tons 
per superficial foot and twelve tons per superficial foot 
when good cement mortar is used. 

Article 455. Piling. — Piles driven for a brick or 
stone wall to rest upon shall be not less than eight (8) 
inches in diameter at the smallest end, and shall be 
placed not more than three feet on centers in direction 
of the length of the wall and nearer if required by the 
Inspector. The inspector shall determine the rate at 
which piles shall be cut off. Brick or stone walls when 
not exceeding twenty feet in height where piling is nec- 
essary may rest on a single ro^Y of piles. If deemed ad- 
visable by the inspector such walls exceeding twenty 
feet in height shall rest on not less than two rows of 
piles. Extra piles shall be driven where .required by the 
inspector. 

Article 456. Heading Course. — In brick walls every 
sixth course shall be headers. Walls shall be securely 
anchored to the timbers. Joists resting on walls shall be 
anchored thereto at intervals not greater than six feet 
eight inches. 

Article 457. Hollow Walls. — Hollow brick walls not 
bearing walls, may be used in all cases, but all hollow 
walls shall be bonded or tied together with incombustible 
anchors placed not more than seven courses apart or 20 
inches. 

Article 458. No Timber in Walls. — No timbers ex- 
cept lathing strips, bond timbers and wood brick shall be 
used in any wall of any brick or stone buildings, ex- 
cept arch forms for interior arch openings. Walls of 
brick or stone buildings on which the ends of beams rest 
shall be anchored at each tier of beams with good, strong, 
wrought iron anchors, at least one-half inch by one and 
one-half inches, or three-quarters inch round iron, well 
built into the walls and fastened at the side one-third 


190 


CHARTER AND ORDINANCES 


from the bottom; and where the beams are supported by 
girders the ends of the beams resting on girders shall 
be butted together, end to end, and strapped with 
wrought iron straps or tie irons, and shall be well fast- 
ened. 

Article 459. Piers. — All piers shall be built of best 
quality of stone or of good, well burnt hard brick, laid in 
cement and sand mortar, and well wet when laid m warm 
dry weather. Brick or stone piers under lintels, girders or 
columns of brick or stone buildings, over one story high 
shall have a cap of iron at least one and one-half (11-2) 
inches thick, the full size of pier. Brick or stone piers 
or buttresses shall be bonded with through courses, level 
and bedded each course, and where their foundations 
rest on piles a sufficient number shall be driven to in- 
sure a proper support. 

Article 460. Backing of Iron Front. — T3ie backing 
of any iron front that is not wholly self-supporting shall 
be treated as an independent wall. If the iron is self- 
supporting then the party wall shall be extended to 
meet the outer thickness of iron and all vacancies shall 
be filled with granite to insure complete separation of ad- 
joining building. 

Article 461. Sky Lights. — Glass in All Exposed. — 
No uncovered tar, composition, resin, felt or woodwork 
shall in any way be exposed on any roof or appendages 
within the fire limits. 

Article 462. Sky Lights. — Glass in all sky lights, 
if not prismatic lights, wire or ribbed glass, shall be 
protected by screens made of No. 10 (or heavier) wire 
with meshes not exceeding one inch; such screens to be 
secured to the sash and kept at least four inches above 
the glass. 

Article 463. Leaders. — All buildings now or here- 
after erected shall be kept provided with securely fast- 
ened metallic leaders, with sufficient capacity to con- 
duct the water from the roof to the ground or sewer or 


CITY OF BEAUMONT. 


191 


street, gutter in such manner as shall protect the walls 
and foundations from damage; and in no case shall the 
water from such leaders, or otherwise be allowed to flow 
upon the sidewalks, but shall be conducted by drain 
pipes to the street gutter, or sewer. 

Article 464. Cornices, etc. — All cornices, gutters, 
eaves and parapets and other projections or appendages 
which project over the sidewalk, above the first story 
of business buildings and above thirty feet from grade 
of sidewalk on all other buildings, shall be made of in- 
combustible materials. 

Article 465. Roofs to Be Accessible. — All roofs in- 
cluding the roofs of dwelling houses more than one story 
shall be so constructed as to be reached by a scuttle or 
by iron steps fastened to the outside of the outer wall. 
If by scuttle, the same shall be at least twenty by thirty 
inches, the frame and lid covered with metal, and shall 
have a stationary ladder communicating with such scut- 
tle. 


Article 466. Stand Pipes. — In every building ex- 
ceeding 25 and not over one hundred and twenty-five feet 
in height, there shall be provided a vertical stand pipe of 
not less than four inches in diameter. In every building 
exceeding one hundred and twenty-five feet in height 
there shall be provided a vertical stand pipe of not 
less than six inches in diameter. 

These stand pipes shall be of wrought iron or steel 
galvanized, and together with fittings and connections, 
shall be of such strength as to safely withstand at least 
three hundred pounds water pressure to the square inch 
when installed and ready for service; also to stand su/li 
a test without leaking at joints, valves or fittings. Stand- 
pipes shall be located within fire proof stairway inclos- 
ures where the latter are of such construction and as 
near stairways as possible, where they are not so en- 
closed. 


192 


CHARTER AND ORDINANCES 


In buildings exceeding one hundred feet deep front- 
ing on two or more streets there shall be a stared pipe 
at each end of the building, and in large area buildings 
there shall be one stand pipe to each stairway, or within 
each stairway enclosure. Where more than one stand 
pipe is required in a building they shall be connected at 
their bases by pipe of size equal to that of the largest 
stand pipe, so that water from any source will supply 
all the stand pipes. 

Stand pipes shall extend from the cellar to and 
through the roof with a hose connection located from 
four to six feet above floor level fitted with approved 
straightway composition gate valve in each story, in- 
cluding cellar, and a hose connection provided above the 
roof with the valve controlling latter, located in the 
stand pipe under the roof and arranged to be operated 
both from above and below the roof. A suitable three- 
quarter inch/drain pipe and valve shall be provided un- 
der the roof for each roof connection. 

Article 467. Hose to Be Supplied. — Hose sufficient 
to reach all parts of the floor shall be attached to each 
outlet in the building, and hose for roof hydrant may be 
placed on rack in top floor near the scuttle leading to the 
roof. Hose shall be two and one-half or two and five- 
eights inches in diameter, in fifty foot lengths, and pro- 
vided with standard couplings at each end, all couplings 
to be of same hose thread as that in use by the fire depart- 
ment. 

Article 468. Hose to Be Approved. — Linen, cotton, 
rubber lined or rubber made under specifications recom- 
mended by the National Board of Fire Underwriters. 

Each line of hose shall be provided with washers at 
both ends, and he fitted with play pipe handles at the 
bases and with discharge outlets not less than three- 
quarters inch in diameter. One spanner to be located at 
each hose connection throughout the building. 

Article 469. Stand Pipe Connections. — All stand 
pipes shall be approved with a Siamese Steamer connec- 


CITY OF BEAUMONT. 


193 


tion located on the outside of the building, about one foot 
above the curve level, and where building fronts on two 
or more streets connection to be provided on each street 
front. Inlet pipe from steamer connection to stand pipe 
to be not less than the diameter of the largest stand pipe. 
The thread on the Siamese connection shall be uniform 
with that used by the fire department. Siamese steamer 
connection shall be provided with check valves m the 
“Y” and substantial caps provided to protect thread on 
the connection. The steamer connection fitting should 
be adjusted looking down at an angle of forty-five de- 
grees. A suitable iron plate with raised letters shall be 
secured to the wall near the steamer connection, reading: 
“to Stand pipes.” 

Article 470. Check Valves. — In each connection pipe 
just inside the building in a horizontal section shall be 
placed a straightway check valve, but not a gate valve. 
A drip pipe with valve to same shall be placed between 
said check valve and the steamer connection to prop- 
erly drain this section to prevent freezing. 

Article 471. Water Supply. — In addition to the 
provision made for steamer connection to stand pipes 
the water supply must be from city water where pres- 
sure is sufficient, automatic fire pump of five hundred 
gallons or more capacity per minute, elevated tank or 
steel pressure tank of not less than five thousand gallons 
capacity. In all buildings coming under these regula- 
tions as to height which are occupied for living or sleep- 
ing purposes, such as hotels, lodging houses, hospitals 
and asylums, the stand pipe system must have at least 
one of the approved automatic supplies before described. 
Where a stand pipe is connected to a tank there shall be 
a straightway check valve in a horizontal section or pipe 
connecting pipe and tank, and said tank must be filled by 
a separate pipe and not through the stand pipe. 

Article 472. Pumps. — Where pumps constituting a 
supply to stand pipes are located in the lowest story of 
a building, they shall be placed not less than two feet 
above the floor level, and boilers upon which pump de- 


194 


CHARTER AND ORDINANCES 


pends for steam shall be arranged so that flooding of 
fires under same will be impossible. In every building 
exceeding one hundred and twenty-five feet in height, 
at least one passenger elevator shall be kept in readiness 
for immediate use by the fire department during all 
hours of the night and day, including holidays and Sun- 
days. 

Article 473. Responsibility for Failure to Comply 
With This Section. — For any failure to comply with any 
provisions contained in this section the owner, lessee, 
tenant, and person in charge or control of the building, 
are each and all responsible, and for any failure to con- 
nect any of the stand pipes, fire appliances or sprinkler 
pipes specified and waterworks system of the city, or 
with some adequate source of water supply, the said 
owner, lessee, tenant and person in control or in charge, 
are each and all responsible, and any person violating 
any provision of or contained in said chapter shall be pun- 
ished as provided in the last article of this chapter. 

Article 474 Auxiliary Fire Appliances. — All exist- 
ing buildings and those hereafter erected exceeding one 
hundred and twenty-five feet in height, shall be pro- 
vided with auxiliary fire apparatus and appliances, such 
as wrenches, spanners, fire extinguishers, axes and pails, 
as may be required by the chief of the fire department; 
and all of said apparatus to conform in design to those 
in use by the fire department. 

Article 475. Woodwork to Clear Flues. — All floor 
beams, joists and headers shall be kept at least two 
inches clear, of any wall enclosing a fire flue or chimney 
breast, and the space left between the framing and such 
flue shall be filled with gauged mortar, a heavy coat of 
plastering shall be put on the outside face of the flues 
before any other woodwork shall be placed against it. 

Article 476. — Strength of Floors. — All floors shall 
be constructed to bear a safe weight per superficial foot, 
exclusive of material as follows: For dwelling, tene- 
ments or lodging houses, not less than seventy pounds; 


CITY OF BEAUMONT. 


195 


for store houses and ware houses not less than one hun- 
dred and seventy-five pounds; machine shops, armories 
and drill rooms, not less than two hundred and fifty 
pounds; for light mechanical purposes, not less than one 
hundred and twenty pounds. In all calculations for the 
strength of the materials to be used in any building, the 
proportion between the safe weight shall he as one to 
four for all beams, girders and other pieces subjected to 
a cross strain, and as one to six for all posts, columns 
and other vertical supports, and for all the beams and 
other pieces subjected to a tensile strain, the requisite 
dimensions of each pioce of material to be ascertained 
by computation, by rules given by the best authorities 
using for constants in the rules only such numbers as 
have been deduced from experiments on materials of like 
kind to that proposed to be used. 

Article 477. Wooden Lintels. — No brick or stone 
wall, piers or abutments shall be supported upon wooden 
en lintels, girders or columns in connection with a build- 
ing more than one story in height. 

Article 478. Joists in Brick Walls. — Ends of joists 
or beams entering a brick wall shall be cut not less than 
two and one-half (21-2) inches bevel, so as not to dis- 
turb the brick by deflection or breaking of the joists or 
beams. All such joists or timbers entering a party wall 
or division wall from opposite sides shall have at least 
four inches of solid brick work between the ends of such 
timbers or joists. < 

Article 479. Joists and Girders. — Joists and girders 
in any building shall be of proper dimensions to sustain 
the load designated to be placed upon them. Girders may 
rest upon piers of brick or stone, or upon columns of 
wood or iron of proper dimensions. All floor joists shall 
be properly bridged with cross bridges. All headers in 
flooring, framing of business buildings that are placed at 
a greater distance than two feet from the end of a trim- 
mer shall be fixed in proper iron stirrups, and in dwell- 
ings shall be doubled of the same sizes used otherwise. 


196 


CHARTER AND ORDINANCES 


Article 480. Brick. — All brick walls and buttresses 
shall be merchantable, well shaped brick, well laid and 
bedded, with well filled joints, in lime or cement mortar, 
and all brick used during the warm, dry weather shall 
be wet at the time they are laid and shall be dry at the 
time they are laid during the cold weather. 

Article 481. Recesses. — No continuous verticle re- 
cesses, chase or flue, shall be made in any party wall so 
deep that it will leave the thickness of the back less than 
eight (8) inches at any point and no recess of any kind 
shall be made in any eight (8) inch wall. No horizontal 
recess shall be made in any wall. No continuous vertical 
recess, other than flues in stacks, shall be nearer than 
seven feet to any other recess, and such chases or re- 
cesses shall be marked on plans so as to be built in as 
the work progresses. 

Article 482. Fire Proof Doors and Shutters. — All 

stores, store houses, mills and manufactories which are 
more than two stories high, shall have doors, blinds, 
shutters made of standard fire proof construction, on 
every window or entrance where the same do not enter 
upon a street or alley of 30 feet or more in width. When 
any such building the shutters, blinds or doors cannot be 
put on the outside, wired glass, hung in irojj frames, in- 
dependent of any wood work, shall be used to fill open- 
ings. Shutters above the first floor shall be arranged so 
that they can be opened from the outside. Wired glass in 
secure iron frames shall be regarded as an equivalent to 
iron shutters. 

Article 483. Fire Escapes. — All buildings, three 
stories or more in height, not including basements, any 
portion of which above the second story is used as a fac- 
tory, workshop, lodge room, store or store-building, or 
public hall shall have thereupon suitable, and substantial 
fire escapes of the following character, of steel: 

Brackets must not be less than one-half by one and 
three-quarters inch wrought iron, placed edgewise or one 


CITY OF BEAUMONT. 


197 


and three-quarters with angle iron, well braced and not 
more than three feet apart, and the brackets must be not 
less than 3-4 inch square, wrought iron, and must extend 
two-thirds of the width of the respective brackets or 
balconies. In all cases the brackets must go through 
the wall, and be turned down three inches. Brackets on 
new buildings must be set as the walls are built. When 
brackets are put on old houses, the part going through 
the walls should not be less than one inch in diameter, 
with screws, nuts and washers not less than five inches 
square and one-half inch thick. 

Article 484. Building Inspector and Chief of Fire 
Department Locate Fire Escapes. — The chief of the Fire 
Department and the Building Inspector shall constitute 
a board to pass on the fire escapes, and no fire escape 
will be accepted without their approval, and they shall 
have authority to decide the number and location of all 
fire escapes on buildings. 

Article 485. Unlawful Not to Erect Fire Escapes. — 

It shall be unlawful for any owner of any such building or 
for any agent representing such owner to fail or neglect to 
place fire escapes on any building as provided by this 
chapter. 

Article 486. Fire Escapes to Be Kept in Repair. — 

After fire escapes have been placed on any building in 
compliance with the provisions of this chapter, and the 
same shall become unsafe or in need of change or repair 
in order to make the same safe, the chief or acting chief 
of the Fire Department shall serve notice to make such 
repairs or change within ten days. And it shall be the 
duty of the owner or agent representing such owner to 
have such change or repairs made within the time as re- 
quired by the notice. 

Article 487. Awnings. — When awnings are at- 
tached to buildings the frame work shall be of metal. 
All awnings shall be seven feet clear of sidewalk when 
down. 

Article 488. Exits. — All egress openings in public 
halls shall have the word “exit” conspicuously placed 


198 


CHARTER AND ORDINANCES 


over them. The aisles in such halls shall at all times be kept 
unobstructed. Doors of all exits from public halls, 
schools, churches, theaters and all buildings of like char- 
acter to open outward in all cases. 

Article 489. Chimney in Brick Wall. — All floor tim 
bers, headers and trimmers, of every brick building here- 
after erected or altered, in which a chimney is to be built 
in a brick wall, shall be placed two inches distant from 
the outside of every chimney flue, and the space between 
such brick work and timbers shall be closed by a proper 
fire stop of incombustible material. 

Article 490. Heating Apparatus. — That if 
any chimney flue or heating apparatus on 
any premises shall endanger the premises, the inspec- 
tor shall at once notify in writing the owner or agent of 
said premises. If such owner or agent fails for a period 
of forty-eight hours after the service of said notice upon 
him to place such chimney, flue or heating apparatus in 
safe condition, he shall be liable to a fine, as prescribed 
in this ordinance. 

Article 491. Furnace and Ranges. — No furnace and 
ranges set in masonry shall hereafter be placed, or its lo- 
cation changed, in any building, except as the inspector 
shall approve. 

Article 492. Chimney Flue. — Chimneys and flues 
for the entire height shall have the brick laid flat. Brick 
laid on edge will not be allowed except for row lock 
arches over fire places and for hearths. 

Article 493. Elevator Shafts. — Whenever elevator 
shafts, hatchways or well holes of any description are 
near windows, said windows shall have strong iron 
guards to extend at least two-thirds of the height of the 
windows. 

Artcle 494. Flats and Tenement Houses. — In all 
tenement houses, apartment houses or flat buildings, 
which shall hereafter be built, all rooms used as living 
apartments, toilet or bath rooms, shall have outside light 


CITY OF BEAUMONT. 


199 


and ventilation (exclusive of sky-light). No courts .shall 
be less than six feet wide. 

Article 495. Temporary Rough Floor in Building. — 

It shall be the duty of party or parties, having charge of 
the construction of any new buildings, to have the joists 
or girders on each floor above the second floor covered 
with rough scaffold boards, or other suitable material 
as the work progresses, so as to sufficiently protect the 
workmen from falling through such joists or girders, 
and to protect the workmen or others who may be under 
or below each floor from falling brick, tools, motar or 
other substances, whereby accidents may happen, in- 
juries occur and life and limb endangered. Also pro- 
tect all well holes in floor, elevator openings and stair- 
ways with strong railings. Provided, the party or par- 
ties above mentioned may move said rough floor or 
scaffolding upward as the work progresses, keeping at 
all times the top floor covered as specified above. 

Article 496. Veneered Buildings. — Veneered frame 
buildings shall have foundation walls not less than 
twelve inches thick, with sills back from outside of wall 
six inches and sheeted up outside with sheathing boards 
7-8 inches thick, put on, and the brick work tied back to 
sheathing every sixth course with iron and anchors, one 
to each brick. 

Article 497. Openings. — Basement Walls. — All op- 
enings must be closed in either brick arches, stone or 
iron. Brick must not in any case be supported with 
wood. In frame buildings not over two stories in height 
having basement walls not over twelve feet high, the 
said basement walls may be built of brick or Portland 
cement, concrete nine inches in thickness, if provided 
with proper buttresses or cross walls for support, with 
centers not over eight feet apart. In the event the base- 
ment walls are not over twelve feet high the same shall 
be governed by Article 438 of this code relating to thick- 
ness of walls. 

Article 498. Foundation Walls. — All concrete walls 


200 


CHARTER AND ORDINANCES 


for foundation shall not be less than the thickness re- 
quired for brick walls. Ruble stone walls may be used 
not less than 16 inch.es in thickness for the above walls 

12 feet in height. 

Article 499. Piers. — All such buildings shall be sup- 
ported by piers built acording to the following regula- 
tions : 

First — Same shall not be farther apart than eight 
feet on the center. 

Second — Piers 6 feet high shall be 9 x 12 inches. 
Piers 7 feet high shall not be less than 9 x 22 inches. 
Piers 8 feet high shall not be less than 13 x 18 inches. 
Piers 12 feet high shall not be less than 13 x 22 inches. 
Piers over 12 feet high shall be built in proportion. 

All foundation walls shall be provided with footings 
properly proportioned to carry the supermised loads on 
the said walls where they are used. 

No 4-inch curtain walls between piers over 8 feet high 
will be allowed. Sills for frame buildings must not be 
less than 4x8 inches for one-story dwellings. For two- 
story dwellings not less than 4 x 10 inches. Joists for 
frame dwellings 2x8 inches shall not be over 14 feet 
between bearings. Joists for frame dwellings 2 x 10 in- 
ches shall not be over 18 feet between bearings. They 
shall not be over 24 inches on centers; 2x4 ceiling joists 
shall not be over 12 feet between bearings; 2x6 inch 
ceiling joists shall not be over 18 feet between bearings. 

Article 500. Foundation Walls for Brick Residenc- 
es. — One-story brick dwellings used for residences, with 
ceilings not over 11 feet high, may have foundation walls 

13 inches thick, and superstructure walls nine inches 
thick. 

Article 501. Unsafe Structure to be Torn Down. — 

The owner, agent or other party having an interest in 
any building, staging or other structure which shall be 
unsafe, so as to endanger life, shall immediately upon 
notice received from the Inspector of Buildings, cause 


CITY OF BEAUMONT. 


201 


\ 


the same to be made safe and secure or taken down; and 
when public safety requires immediate action the In- 
spector may enter the premises, with such assistants as 
may be necessary, and cause the said structure to he se- 
cured or taken down without delay, at the expense of 
said owner, agent or party interested No staging or stand 
for observation purposes shall he constructed or oc- 
cupied upon the roof of any building. 

Article 502. Persons Erecting Any Building to 
Keep Sidewalk Open and Erect Suitable Coverings. — 

All persons erecting or improving any building in the 
city shall keep the sidewalk in front or on the side of 
such building open and clear for the passage of per- 
sons along the street. When such houses, structures, 
or improvements shall extend above one story it shall 
be the duty of the builders, architects or owner to erect 
a temporary shed or structure over the sidewalk ad- 
jacent to which said improvement is being made with a 
roof of sufficient strength to resist the force of all ma- 
terial which may fall from the walls of said improve- 
ments as the work progresses, and which will protect 
those passing along the sidewalk. Such shed or struc- 
ture shall be so erected as not to interfere with or ob- 
struct public travel, and not to injure the street, curb- 
ing, guttering or sidewalk, and shall be removed after the 
completion of said house. 

Aticle 503. Penalty. — Any person violating any 
provision contained in any section of this chapter shall 
be fined not less than five dollars nor more than two 
hundred dollars. Any person who causes, permits or 
suffers any work to be done in violation of any provi- 
sion contained in any section of this chapter, shall in 
addition to the punishment provided for herein, for each 
day that such work is maintained in such unlawful con- 
dition, be fined not less than five dollars nor more than 
two hundred dollars. 

Article 504. Shall Inspect Buildings in Course of 
Construction.— It shall be the duty of the Building Inspec- 


202 


CHARTER AND ORDINANCES 


tor to visit and inspect any house or building which may 
be in the course of erection, construction or alteration, 
within the limits of the City of Beaumont, to see that 
such house or building is being erected, constructed or 
alterel according to the provisions oi this chapter and 
all ordinances in force in said City of Beaumont, and to see 
that the proper plans are adopted for the security there- 
of against fires and the safety of the occupants; that the 
material used is suitable for the purpose, and that work 
is done in a substantial and workmanlike manner and is 
of sufficient strength and solidity to answer the purpose 
for which it is designed. 

Article 505 . Electric Signs Permitted. — It shall be 
lawful for any person, firm or corporation to erect and 
maintain over any sidewalk, across streets, avenues or 
alleys in the City of Beaumont electric illuminating 
signs, as hereinafter prescribed and for the purpose of 
this chapter, an electric illuminated sign is hereby de- 
clared to be any sign constructed as follows: 

(a) Signs of which all or any part of each letter 
is made entirely of metal, no wood being used in con- 
struction of the electric letter proper, letters being stud- 
ded in full outline with electric lights, signs with trans- 
parent illuminated letters or having a border of incan- 
descent lamps, but no sign shall have less than one lamp 
for every one and one-half square foot of sign surface. 
To this class of signs may be attached name of firm 
or brief description of business, which may consist either 
of raised letters or printed letters on panels, provided, 
panels are made part of sign rigidly attached thereto 
and incorporated in the sign; and provided, also, this 
addition does not come within nine feet of the pavement 
as provided in this chapter, and provided, that the en- 
tire sign surface, of which this addition is to be made 
a part, meets the requirements of one lamp for every 
one and one-half square foot of sign surface. 

(b) Any solid metal sign with border of electric lights 
having no less than one lamp for every one and one-half 


CITY OF BEAUMONT. 


203 


square foot of sign surface. All signs to be wired ac- 
cording to the rules and regulations of the City of Beau- 
mont. 

Article 506. Conditions. — Signs erected under the 
authority contained in this chapter and overhanging any 
sidewalk rr\ust be placed at least nine feet above the 
sidewalk, and shall not extend more than eight feet from 
building line over sidewalks and not more than three 
feet in alleys, while perpendicular signs may be set from 
the building to be clear from bay windows and both 
sides of all horizontal and perpendicular signs must be 
equally illuminated where they project over the street 
or sidewalks as above described; and such signs erected 
under the provisions of this chapter must be fully il- 
luminated each and every night from dusk until the hours 
of 9 :30 P. M. or longer ; and on failure to comply with such 
requirement, the city shall cause these signs to be re- 
moved at the owner’s expense. 

Article 507. Permit to be Obtained. — All persons, 
firms or corporations erecting signs under the provi- 
sions of this chapter shall first obtain a written pN*mit 
to do so from the proper authorized City Building In- 
spector, for which a fee of one dollar must be paid, and 
the same shall be erected under his supervision; and the 
electric construction of same shall be inspected and ap- 
proved by the proper authorized electrical inspector be- 
fore the current is turned on. 

Article 508. Defective Signs to be Repaired. — If at 

any time any of the signs erected under the provisions 
of this chapter shall become defective, unsafe or danger- 
ous to the public, the same shall be repaired or adjusted 
at the expense of the owner in such a manner as may be 
directed by the Building Inspector. 

Article 509. Shall Indemnify City.— All persons, 
firms or corporations, erecting, using and maintaining 
such signs shall save the city harmless from ail damages 
arising from the erection, use and maintenance of the 
same. 


204 


CHARTER AND ORDINANCES 


Article -510. Penalty. — Any person, persons, firms 
or corporations violating any of the foregoing articles 
shall be guilty of misdemeanor and subject to a fine of 
$5.00 to $200.00. 

Article 511. Refusing to Move Wooden Building. — 

The owner or any person having control of a wooden build- 
ing within the fire limits of the city, which has been 
erected by permission of and is subject to be removed 
by direction of the Mayor and City Council, who neglects 
or refuses to remove such building within reasonable 
time after being notified to do so by the Chief of Police 
or other city officer acting under the direction of the 
City Council must on conviction, be fined not less than 
five nor more than two hundred dollars. 

Article 512. No Wooden Buildings in Fire Limits. — 

It shall be unlawful to construct, renew or repair any 
wooden building or any part thereof within the fire lim- 
its or to remove any wooden building to any point within 
said limits; nor shall any roof or cornice to such build- 
ing be constructed, renewed or repaired within the fire 
limits with any material not fire proof, except as spe- 
cifically provided in the building laws. 

Article 513. What Constitutes a Wooden Building. 

— Any building having more wood on the outside of the 
building than that required for the door and window 
frames, doors, sash and wooden steps, shall constitute 
and be deemed a wooden building, and this ordinance 
shall not be so construed as to allow use of sheet iron or 
tin in the structure of the sides or fronts of buildings or 
otherwise than as a roof. Any person violating or at- 
tempting to violate any of the provisions of this section 
shall be fined not less than five dollars nor more than 
two hundred dollars for each offense, and the building, 
roof, cornice or other structures so erected or renewed 
in violation of law shall be taken down and removed. 

Article 514. Unlawful to Erect Building in Viola- 
tion of Ordinances, When so Erected to be Removed. — 

Any person erecting or causing to be erected in the fire 


CITY OF BEAUMONT. 


205 


limits of the City of Beaumont any building or structure 
contrary to the laws or ordinances of the city shall be 
fined not less than five nor more than two hundred dol- 
lars. In case any building or structure be erected in 
said city contrary to the laws and ordinances of the 
city, same shall be pulled down or removed upon ten 
day’s notice from the Chief of Police or other officer 
by order of the Mayor; and after notice to remove such 
building it shall be unlawful for the owner, proprietor, 
lessee or their agents or employees, to occupy such build- 
ing any portion of the day or night; and any persons 
violating the provisions of this ordinance, for each day’s 
offense shall be fined not less than five nor ipore than 
two hundred dollars. 

Article 515.No Sheds in Front of Buildings nor Posts 
in Sidewalks Within Fire Limits. — No shed shall be erect- 
ed in front of any building nor shall any posts, except 
hitching posts, or posts for wires be placed on or in the 
sidewalk in front of any building within the fire limits 
of the city. 

Article 516. Unlawful to Obstruct Fire Hydrants. — 

It shall be unlawful for any person to place any building 
material, or any other obstruction whatever, within five 
feet of any public hydrant or fire plug, and any person 
offending shall be fined not less than ten nor more than 
fifty dollars. 

Article 517. Awnings to be Seven Feet from the 
Ground. — It shall be unlawful for any owner or tenant, 
or other person having control over any building to erect, 
keep, maintain or permit thereon, any awning which shall 
be less than seven feet from the lowest portion thereof 
to the sidewalk, street or alley beneath. Any person 
violating this section, shall on conviction, be fined not 
less than five nor more than two hundred dollars. 

Article 518. Obstructing Sidewalks with Building 
Material. — Any person who places any building material 
upon the sidewalks of the city, or anything that will pre- 
vent the free passage of people or any person who al- 


206 


CHARTER AND ORDINANCES 


lows building material to be placed upon any part of the 
street longer than thirty days, without the written per- 
mission of the Mayor and person laying conducting pipes 
in the streets of the city, who shall fail to place the 
street in a good condition after the work is finished as 
they found them or shall fail to fill them in less than 
five days, shall be punished as provided in Article 560 
of this Code. 

Article 519. Leaving Excavations or Obstructions 

in Street. — Any person who leaves any excavation in 
any street or sidewalk, or any material while building 
or repairing any house or other structure, in such con- 
dition as to endanger persons passing along the street 
or sidewalk, must, on conviction, be punished as pro- 
vided in Article 560 of this Code. 

Article 520. Failure to Remove Structures Danger- 
ous to Passers-by. — Any person who neglects or refuses 
for twenty-four hours to remove any chimney, wall or 
other part of any building or structure which has been 
or may be dangerous to passers-by, to persons on tilt* 
premises or to adjoining property, after receiving due 
notice from the Mayor or Chief of Police, Building In- 
spector, or other authorized city officers, must, on con- 
viction, be punished as provided in Article 560 of this 
Code. 

Article 521. Leaving Opening Uncovered. — Any 

person who leaves open or causes to be left open any 
cellar or vault door or grating, when the same is not 
in actual use, or at night, or who suffers any sidewalk 
in front or along the line of his premises to become or 
to continue so broken, or so much out of repairs as to 
endanger life or limb; or who permits other excavations 
to remain open or uncovered to the danger of others, 
must on conviction be punished as provided in Article 
560 of this Code. 

Article 522. Tent and Wagons. — That no tent, wa- 
gon or other wooden or canvass structure of like kind 
or character or partly wooden or partly canvas struc- 


CITY OF BEAUMONT. 


207 


ture of like kind or character shall be used for any place 
of business, on any property in the City of Beaumont, 
where a frame building is not allowed under the building 
laws of the city, except on special permit granted by the 
City Council, and that any and all such structures now 
used in violation of this ordinance, shall obtain such 
special permits within thirty days hereafter, otherwise 
the same are hereby declared to be nuisances, and each 
person, firm or corporation, causing, permitting or suf- 
fering the same to remain in violation of this ordinance 
shall be punished as provided in Article 560 of this Code. 

Article. 523. Creation of the Board. — There shall 
be in the City of Beaumont a Board to be called the Board 
of Appeal to which an applicant who has been refused 
a permit, or the holder of a permit which has been re- 
voked by the Inspector of Buildings may appeal for an 
order, requiring the said Inspector to issue or re-issue 
such permit to said applicant. 

Article 524. Organization. — Such Board of Appeal 
shall be composed of the Mayor, City Engineer and Chief 
of Fire Department. Whenever for any reason a mem- 
ber of such Board cannot be present at a called meeting 
thereof, his first assistant in office shall act in his stead. 
Such assistant shall act only in matters for the consid- 
eration of which such meeting was called. 

Article 525. Applicant. — The applicant may be re- 
presented by counsel and one expert whom he may select 
at his own expense. 

Article 526. Powers of Board. — The said Board 
shall have power to call in such other testimony bearing 
upon the case as he sees fit. Should such Board, or a ma- 
jority thereof, be of the opinion that the Inspector's re- 
fusai to issue the permit applied for, or that the revoca- 
tion of such permit was unauthorized, they shall in writ- 
ing, order the said Inspector to issue or re-issue such per- 
mit, and the Inspector shall immediately upon the re- 
ceipt thereof, accompanied by the required fees, if any, 
comply therewith. 


208 


CHARTER AND ORDINANCES 


Article 527. Electric Theatres. — Theatres or Au- 
ditoriums hereinafter called electric theatres shall not 
be constructed, fitted up or operated or licensed until 
a permit therefor has been issued by the Building Inspec- 
tor and the City Electrician. Said officers are hereby 
directed and authorized to issue such permits for electric 
theatres provided they are constructed in accordance 
with plans approved by them and which plans secure 
the safety of persons patronizing same. 

That all wiring in such theatres shall be installed in 
conduits under the direct superivsion of the City Elec- 
trician and where he condemns any such wiring same 
shall be re-installed under his direction, and where he 
condemns wiring hereinafter installed, same shall like- 
wise be re-installed, and in all cases where the owner 
or operators of such electric theatres refuse to conform 
to the direction of the City Eelectrician, in the matters 
herein mentioned, the license therefor shall be ipso facto 
void, and such electric theatres shall be immediately 
closed as unsafe for patronage. 

Article 528. Fuses. — That all fuses used in connec- 
tion with lights illuminating the parts of the houses, 
room or auditorium used by the audience must be in- 
stalled in fire proof inclosures, so constructed that there 
will be a space of at least six inches between the fuse 
and the sides and face of the enclosure. 

Article 529. Exits. — That all exits shall be plainly 
indicated by a sign, same to be illuminated by other than 
electricity and bear the word “Exit” the letters of which 
must not be less than four inches in height. 

Article 530. Lights. — The inside lights and all 
lights in halls, corridors or any other part of the build- 
ing used by the audience, except the general auditor- 
ium lights, must be fed independently of the stage light 
and must be controlled only from the lobby or other con- 
venient place in front of the house, and there must be 
two circuits in to the auditorium, one controlled by the 
operator in booth and one controlled from without the 
auditorium in lobby or without the entrance. 


CITY OF BEAUMONT. 


209 


That every portion of the building devoted to the 
use or accomodation of the public, all outlets leading to 
the streets, all open courts, corridors, hallways and ex- 
its shall be thoroughly lighted during every performance 
and the same shall remain lighted until the entire au- 
dience has left the premises. One 16-candle power in- 
candescent lamp for every four hundred square feet of 
floor surface is hereby ordained as sufficient illumina- 
tion. / 


Article 531. Construction of Arc Lamps. — That each 
arc lamp used as part of the moving picture machines 
must be constructed as directed by the City Electrician 
and the wiring of same must not be less capacity than 
No. 6 B. & S. gauge. That rheostats must conform to 
rheostat requirements as directed by the City Electrician. 

That top reel must be incased in an iron box, which 
box has a hole at the bottom only large enough for films 
to pass through, and cover therefor so arranged that this 
hole can be closed. No solder to be used in the construc- 
tion of this box. 

That handle of crank used for operating the machine 
must be secured to the spindle or shaft so that there will 
be no liability of such handle or cranking coming off or 
allowing film to stop in front of the lamp. 

That shutter must be placed in front of the condenser 
arranged so as to be closed normally, subject to open only 
by outside pressure of the foot. 

That extra films must be kept in a metal box having 
a tight fitting cover. That said machines must be op- 
erated by hand. Motor driven machines are hereby pro 
hibited. 

Article 532. Enclosing the Machine.— That the pic- 
ture machine must be placed in an enclosure or house 
made or lined with fire proof material, thoroughly vent- 
ilated and large enough for the operator to walk freely 
on either side or back of the machine. Such enclosure 
or house must have no openings into the auditorium 
other than the opening where the light for the picture 


210 


CHARTER AND ORDINANCES 


is emitted, and this opening must be provided with fire 
proof covering or door hinged with spring hinges open- 
ing by a trigger which is in reach of the operator, so that 
it can be released by hand, and which door must be con- 
structed so that it can be securely closed. Furthermore, 
if the City Electrician and Building Inspector decide that 
the arrangements are such as would require it, such door 
must be so arranged that it may be released automa- 
tically. All other openings such as vents and entrances 
to the enclosures must open into some other part of the 
building or theatre than the main auditorium. No elec- 
trical pictures or material of any kind will be permitted 
in the operating booth other than that picture machine 
and its accessories. 

Article 533. Penalty. — That any person, firm or cor- 
poration, their agents or employees, constructing, operat- 
ing or managing electric theatres or auditoriums where 
moving pictures are displayed, or similar iheatres in 
violation of the terms of this ordinance, shall on con- 
viction, be punished by a fine of not less than five dollars 
nor more than one hundred dollars, each day’s operation 
to be held a separate offense. 

Article 534. Furnace Pipes. — In all cases whether 
hot water or steam, hot air or other furnaces are used 
for the heating of any building in the City of Beaumont, 
the furnace pipes must be kept at least two (2) feet below 
the beams or ceiling above the same, unless said beams or 
ceiling shall be properly protected by a shield, or tin 
place suspended above said smoke pipe with sufficient 
space for the free circulation of air above and below said 
shield. 

Article 535. Hot Air Pipes. — Where hot air pipes are 
enclosed in wooden partitions they shall be standard 
bright tin, tight joints and without soldering them and 
shall be securely covered with asbestos at least one-eighth 
of an inch thick, wrapped with wire and securely fas- 
tened so as not to slip down, all then to be securely fas- 
tened in the woodwork with a metal fastening not over 
two feet apart, a said pipe to be kept, at least one-half 


CITY OF BEAUMONT. 


211 


inch from all unprotected woodwork or said pipe can 
be double and the space between the two metal pipes 
on all sides to be at least three-eighths of an inch apart 
in the clear. Such pipes are to be made with air tight 
joints, without soldering them, and shall be securely 
fastened to the partitions at intervals of every two (2) 
feet and at least one-half inch from any unprotected 
woodwork. 

Steam and hot water heating pipes shall not be 
placed within two (2) inches of any timber or woodwork, 
unless the timber or woodwork is protected by a metal 
shield, and then the distance shall not be less than one- 
half inch. All steam or hot water heating pipes passing 
through floors and ceilings, or lath and plastered par- 
titions, shall be protected by a metal tube one (1) inch 
larger in diameter than the pipe, having a metal cap 
at the floor and ceiling; they shall be supported on iron, 
and a metal shield shall be placed on the under side of 
the floor over them, and on the sides of wood beams run- 
ning parallel with said pipes, or said horizontal pipes 
shall be covered with incombustible pipe covering, at 
least three-fourth of an inch thick. In no case shall la- 
teral branches from rising lines to radiators or coils be 
allowed between any floor and the ceiling line, except 
they shall be covered with incombustible material. 

Article 536. Hot Air Register's. — That all hot air 
registers from hot air furnaces, hereafter placed in the 
floor of any building in the City of Beaumont, shall be 
set in iron borders not less than two inches in width. 
There shall be an opening space of at least one inch 
on all sides of the register box, extending from the under- 
side of the ceiling below the register to the border of the 
floor. The outside of said space shall be covered with 
asbestos, or packed with mineral wool, made tight on all 
sides; to extend from the under side of the aforesaid 
ceiling up the under side of the said border. 

Article 537. Wooden Casings— That all wood 
boxes or casing enclosing steam or hot water heating 
pipes, and all wood coverings to recesses in walls, in 


212 


CHARTER AND ORDINANCES 


which steam or hot water heating pipes are placed, shall 
be lined with metal, or said pipes shall be covered with 
incombustible sectional pipe coverings at least three- 
fourth of an inch thick. 

Article 538. Furnaces. — Covering. — The tops of all 
furnaces set in brick must be covered with brick or con- 
crete. 

The top of every portable furnace not set in brick 
shall be kept at least one (1) foot, below the beams of 
ceilings, with a shield of metal made tight and suspended 
below the said beams or ceilings and extended one (1) 
foot beyond the top of the furnace on all sides. 

Article 539. Bake Ovens. — Bake ovens shall rest on 
solid foundations of metal beams or columns. The sides 
and ends shall be at least two feet from any woodwork, 
and the crown arch at least four feet from the ceilings 
that have wood joists. The hearth in front of bake ovens 
shall extend at least three and one-half (3 1-2) feet be- 
yond the face of said ovens. 

Article 540. Cold Air Boxes. — The cold air boxes 
of all hot air furnaces shall be made of metal, brick or 
other incombustible material, for a distance of at least 
ten (10) feet from the furnace. 

Article 541. Permits for Furnaces. — Where hot wa- 
ter, steam or hot air furnaces or other heating appliances 
of any kind are to be placed in any building in the City 
of Beaumont, a permit for the same must first be ob- 
tained from the Building Inspector, and a fee of $2.00 
shall be charged for the same. And it shall be the duty 
of the Building Inspector to make two inspections when 
notified in writing that said work is ready for inspec- 
tion. 

Article 542. Inspection. — The first inspection shall 
be for all work that is concealed, the second when the 
whole work is completed and shall be the final inspection 
in case the provisions of the ordinance are complied 
with. 


CITY OF BEAUMONT. 


213 


Where any change is made in any such heating ap- 
paratus in any building in the City of Beaumont, a permit 
must first be obtained from the Building Inspector, and 
a fee of one dollar shall be charged for the same. And it 
shall be the duty of the Building Inspector to make one 
inspection when notified in writing that said work is 
ready for inspection. Where concealed work is done un- 
der this provision, the notice to the Building Inspector 
must be given before the work is covered up. In cases 
where more inspection is necessary on account of failure 
of compliance with this ordinance, or for any other rea- 
son than is hereinbefore expressly provided, extra in- 
spection shall be applied for the person having charge 
or control of the work, and for each extra inspection a 
fee of one dollar shall be paid upon the application for 
the inspection being made. 

Article 543. Unlawful to Install Heating Appara- 
tus, Unless. — It shall be unlawful for any person in the 
City of Beaumont to install or cause, permit or suffer 
to be installed, any heating apparatus of any kind in any 
buildings in the City of Beaumont, not in compliance 
with this ordinance in any respect, or for any person to 
to conceal any part of any work in and about any such 
heating apparatus until the same has been inspected 
and approved by the Building Inspector, or for any per- 
son to fail, refuse or neglect to make any application for 
inspection herein required, where the same is neces- 
sary under the terms of this ordinance or to refuse to 
pay the fee or fees, prescribed in this ordinance for said 
necessary inspection. 

Article 544. Metal Plate Showing Carrying Capac- 
ity. — The owner, lessee or manager, or other person hav- 
ing charge or control of any elevator now in operation in 
the City of Beaumont and the manufacturers of eleva- 
tors, hereafter placed in buildings, shall cause to be 
fastened in a conspicuous place in said elevators metal 
plates having suitable raised letters on same, which shall 
prescribe number of pound weight which said elevators, 
after proper test, have capacity to carry; but no more 


214 


CHARTER AND ORDINANCES 


than seventy-five per cent thereof shall be carried there- 
on. 


Article 545. Qualifications of Persons Operating 
Elevators. — The following qualifications necessary for 
persons who are or shall hereafter be placed in charge 
of running any passenger elevator in the City of Beau- 
mont are hereby prescribed and no person shall be em- 
ployed for such purpose or engaged therein unless he pos- 
sesses such qualifications. He shall have at least ten 
day’s experience in running an elevator under the in- 
structions of a competent person. He shall not be less 
than eighteen years of age. 

Article 546. When Operator is Incompetent or Dis- 
qualified. — Whenever the Inspector of Buildings shall 
become satisfied that a person engaged in running any 
passenger elevator is incompetent or disqualified from 
any cause to continue to run the same, the said Inspector 
of Buildings shall forthwth notify the owner or person 
managing or controlling the same; and the person so 
notified shall thereafter be held responsible for the viol- 
ation of this ordinance. 

Article 547. Passenger Elevator Hatchways, How 

Closed. — All elevators used for carrying passengers shall 
have their hatchways surrounded by substantial ver- 
tical enclosures, the same to be made flush with the 
hatchway on every floor and to be continuous from floor 
to ceiling on open sides of car, except the top floor, where 
a height of six and one-half feet of such enclosure is suf- 
ficient. The enclosures on every side of car shall not be 
less than six and one-half feet in height. All enclosure 
doors must be made to slide, and must be provided with 
a lock so arranged that the said door cannot be opened 
from the outside of the hatchway except by a key, and 
said doors shall at all times be securely closed before 
starting the car. All grill work around elevator hatch- 
ways shall be securely braced and kept in thorough re- 
pair. 

Article 548. Freight Elevator Hatchways, How 


CITY OF SEAUMONT. 215 

Closed. — All freight elevator hatchways or shafts in any 
building in the City of Beaumont shall be protected and 
inclosed on all floors by a substantial frame work not 
less than three feet in height; and all approaches and 
entrances to any such hatchway or shaft shall be provided 
with automatic or self closing gates, and said gates shall 
be made to slide vertically if practicable. Where the 
elevator is closed by partitions or is constructed in a 
brick or fire proof shaft or hatchway, the doors to such 
shaft or hatchway shall not de deemed sufficient; but 
all such approaches to such shaft or hatchway shall be 
provided with automatic self-closing gates, unless the 
elevator is in charge of and operated by a regular oper- 
ator, in which case the above mentioned doors shall be 
provided with spring locks, which cannot be unlocked 
from the outside of the shaft or hatchway, except by a 
key. 


Article 549. Automatic Speed Governor. — Every 

passenger elevator shall be provided with an automatic 
downspeed governor, and no elevator shall have a greater 
working speed than six hundred feet per minute. 

Article 550. Passenger Elevator, Definition of. — 

All elevators not designed for freight service exclusively, 
shall be classed as passenger elevators, and shall be sub- 
ject to all provisions of this ordinance relating to pas- 
passenger elevators. 

Article 551. Automatic Trip or Slack Cable Stop 
and Automatic Brake. — When on power driven elevators, 
the cables which wind around a drum shall be provided 
with an automatic trip or slack cable stop, and with an 
automatic brake of sufficient strength to hold the car 
and its load at any point of its travel. 

Article 552. Terminal Stops, When. — All Power 

driven elevators shall be provided with automatic ter- 
minal stops on the machines. 

Article 553. Electric Brakes, How Applied.— All 

electric brakes must be applied by breaking the current. 


216 


CHARTER AND-ORDINANCES 


Article 554. Safety Device on Cable Hoisting Ele- 
vator, when. — Every elevator, car or platform cable hoist- 
ed, that runs on guides, shall be provided with an ap- 
proved safety device which will prevent the car from 
falling in case the cables break or the machinery breaks 
or gets out of order. 

Article 555. Cables, How Constructed. — All hoist- 
ing or counterweight cables, used on elevators, shall be 
metallic cables, with hemp centers. 

Article 556. Head Room Above Car. — All elevators 
shall hereafter be installed in such manner that when 
the floor of car or platform is level with the top floor 
of the building, the guides and guide posts shall extend 
at last two feet above the highest point of the frame 
work on car or platform and that there shall at such 
time be free head room above said highest point of frame 
work of car or platform at least to the level of the tops 
of such guides or guide posts. 

Article 557. Double Set of Guide Posts, When. — 

Freight elevators of over six thousand pounds capacity 
and with platforms over fourteen feet in length shall 
have a double set of guide posts. 

Article 558. Elevators Built in Well Hole, When. — 

It shall be unlawful to install any power driven elevator 
in the well hole of any stairway unless there be a fire 
proof wall between such elevator and the stairway, said 
wall to extend at least two feet above the level of the 
roof of the building; provided, however, that this sec- 
tion shall not apply to elevators installed in fire proof 
buildings. 

Article 559. Power of Inspectors. — The Inspectors 
of Buildings, and his assistants, shall have the power, 
and they are hereby authorized to enter any building in 
the City of Beaumont, without hindrance from any one, 
for the purpose of examining elevators, and for the en- 
forcement of the provisions of this ordinance, whenever 
the same may be necessary; and the engineer and opera- 


CITY OF BEAUMONT. 


217 


tor having charge of any elevator shall assist such In- 
spector or Inspectors to such extent that he or they may 
be able to make a careful and thorough examination of 
every portion of the operating machinery connected with 
any such elevator. 

Article 560. Penalties.— That any person violating 
the provisions of this ordinance shall be fined in a sum 
not less than five (5) or more than one hundred (100) 
dollars for each offense, except as penalties may herein 
be provided. 

CHAPTER XXXVI. 

ELECTIONS. 

Article 561. Secretary Shall Prepare and Distri- 
bute Ballots. — All ballots cast in city or ward elections 
shall be prepared, printed and distributed by and under 
the supervision of the City Secretary, and at the ex- 
pense of the city. 

Article 562. Elections, When Held. — Elections for 
Mayor, Aldermen, and all other elective officers of this 
city shall be held biennially on the dates and in the man- 
ner prescribed by State Laws and by the Charter of this 
City. 

Article 563. Qualifications of Electors. — All qual- 
fied voters of this State, who shall have resided, for six 
months next preceding any election for city officials, 
within the limits of this city, shall have the right to vote 
for Mayor and all other elective officers of this city, such 
voters to have all other qualifications now prescribed 
by the laws of this State or by the Constitution or by the 
City Charter; provided, that in all elections to determine 
the expenditure of money or assumption of debt, only 
those shall be qualified to vote who own real estate with- 
in the limits of this city. 

Article 564. Officers to be Elected. — There shall be 
elected by the qualified voters of this city a Mayor, two 
Aldermen from among the qualified voters of each ward, 


218 


CHARTER AND ORDINANCES 


a City Treasurer, an Assessor and Collector of Taxes, a 
Chief of Police, a City Attorney, and such other officers 
as the City Council, under the power granted by the City 
Charter, may provide, and who shall possess all quali- 
fications prescribed by State laws, the City Charter or 
by the ordinances of this city, and who shall hold their 
respective offices for two years and until their successors 
are elected and qualified, unless sooner removed by the 
City Council. 

Article 565. Manner of Conducting Elections. — For 

conducting elections for municipal officers of this city, 
the Mayor or City Council shall appoint a presiding of- 
ficer and two judges of election to preside over and con- 
duct the election at each voting place, one of the judges 
to be selected from each political party, if desired. The 
Mayor or City Council shall also designate the place for 
holding such elections, and the election shall be con- 
ducted in every respect as near as may be possible or 
practicable in the mode and manner provided for in the 
State Election Laws regulating such elections. The re- 
turns of all such e ! ections shall be made in the manner 
and mode prescribed by State laws, and certificates of 
election issued to the successful candidates, who shall, 
within thirty days thereafter, qualify and proceed to 
discharge the duties of their respective offices, in ac- 
cordance with law, the City Charter and the City Or- 
dinances. 

Article 566. Mayor Shall Issue Proclamation. — It 

shall be the duty of the Mayor to issue and have publish- 
ed in some newspaper published in the City of Beau- 
mont a proclamation informing the electors of said city 
of the approaching election, within a reasonable time for 
the same, which proclamation shall contain the names 
or the place or places in each ward where the polls shall 
be held or situated, the names of the presiding officers, 
the judges of election, and the hour for opening and 
closing the polls. 

Article 567. Clerks of Election. — When Polls Open 

and Close. — The presiding officer shall also select a suf- 


CITY OF BEAUMONT. 


219 


ficient number of clerks of the election, who shall re- 
ceive reasonable pay for their services as may be or- 
dained by the City Council, and who shall assist in hold- 
ing said election. The polls shall open and close at the 
hours and in the manner prescribed by State Laws. 

Article 568. State Laws Govern. — That the gen- 
eral and primary election laws of this State and the City 
Charter shall govern in the holding and conducting of 
all general, special or primary elections within this city. 

Article 569. Elections. — Where Held. — That all elec- 
tions in this city whether general, special or primary, 
shall be held in each of the wards of the city at such 
places as may be prescribed by the City Council; pro- 
vided, that if for any reason such place be not available 
therefor, the Mayor or presiding officer shall procure 
a place therefor, one of which shall be in each ward. 

Article 570. Compensation of Election Officers. — 

That the presiding officers, judges and clerks of election 
shall receive as compensation for their services, the sum 
of Two ($2.00) Dollars per day, to be paid as provided 
by law. 

CHAPTER XXXV. 

SIDEWALKS AND STREETS. 

Article 571. Improvement of Streets and Side- 
walks. — That the City Council shall/ fron time to time, 
pass such ordinances and resolutions as may be necessary 
for the grading and improvement of the streets and side- 
walks of the city. 

Article 572. City Engineer Shall Fix Bounds for 
Limits. — It shall be the duty of the City Engineer to 
survey and lay off the several streets of the city, and 
fix the bounds and limits between the sidewalks and the 
streets. 

Article 573. Manner of Constructing Sidewalks.— 

That it shall be unlawful for any person to construct any 
sidewalk within the limits of the City of Beaumont high- 
er than the center of the street. 


220 


CHARTER AND ORDINANCES 


Article 574. Unobstructed Use of Sidewalks. — The 

unobstructed use of sidewalks of the city must be main- 
tained for the use and convenience of pedestrians. 

Article 575. Prohibiting Congregating on Side- 
walks. — That it shall not be lawful for any person or 
number of persons to stand or congregate upon any pave- 
ment or sidewalk in the City of Beaumont in such man- 
ner, or for such length of time, as to obstruct or incon- 
venience pedestrians who may be going to or fro in any 
direction on such pavement or sidewalk. 

Article 576. Obstructing Sidewalks. — That it shall 
be unlawful for anyone to place any barrel or barrels, 
box or boxes, or wood, or any other substance of any 
kind whatsoever on any sidewalk in this city so as to 
obstruct the passage along said sidewalk, or any part 
thereof. No one shall have or maintain any fruit stand, 
huckster stand or other stall on any sidewalk within the 
City of Beaumont. 

Article 577. Obstructing Sidewalks in Front of 
Theatres Churches, etc. — That it shall be unlawful for 
any person or persons to obstruct, or to be one of a num- 
ber of persons to obstruct, any sidewalk in front of a 
church, theatre, or other public place, or place of busi- 
ness, or to in any other way obstruct the passage in or out 
of any church, theatre or public place, or place of bus- 
iness. 

Article 578. Attracting Crowds on Sidewalks. — 

That if anyone shall, by loud talking or unusual acts 
or exhibitions, attract a crowd on any sidewalk, and shall 
refuse to desist when requested to do so by any police- 
man, or other city officer, he shall be deemed guilty of a 
misdemeanor, and upon conviction, be fined as herein- 
after in this chapter, provided; and this shall apply 
also to anyone composing such crowd engaged in the ob- 
struction of said sidewalk. 

Article 579. Auctioning and Selling Goods on Side- 


CITY OF BEAUMONT. 


221 


walks. — That it shall be unlawful for anyone to obstruct 
any sidewalk in this city by selling or offering for sale 
at auction or otherwise any goods, wares, or merchandise 
on such sidewalks. 

Article 580. Shall Keep Sidewalk Clear of Fruit 
Peelings. — That it shall be unlawful for any person to 
place or throw upon any sidewalk or street crossing with- 
in this city, any banana peeling, banana, orange or orange 
peeling, watermelon rind, sugar cane peeling, etc. It 
shall be unlawful for any occupant of property and prem- 
ises to permit any such peelings and fruits to be and re- 
main upon the sidewalk or abutting the property so oc- 
cupied by them, and they are hereby required to keep 
said sidewalks entirely clear of such substances. 

Article 581. Animals Must Not be Tied, etc., so 
That They can get on the Sidewalk or Street. — Any per- 
son who shall stake, tie, or hobble, any animal whatever 
on any lot of which he is not owner, or on any lot or 
block within the city in such a manner as to allow such an- 
imal to go upon the adjacent sidewalk or street, shall, on 
conviction, be fined not less than one nor more than 
one hundred dollars. 

Article 582. Use of Sidewalks in Receiving and 
Forwarding Goods. — All merchants shall have the right 
to occupy one half of the sidewalks in receiving and for- 
warding goods, wares and marchandise, provided said 
space be not thus occupied longer than five minutes at 
a time. Provided that all wholesale merchants shall be 
allowed to occupy and use in connection with their bus- 
iness, not exceeding three feet of space next to their said 
building. Pearl and Crockett Streets, however, are here- 
by excepted from this provision. 

Article 583. Prohibiting Use of Sidewalks for Ex- 
hibiting Goods, Except. — It shall be unlawful for any 
merchant doing business in this city to occupy and use 
any part of the sidewalks for the purpose of exhibiting, 
displaying and advertising goods, wares and merchan- 


222 


CHARTER AND ORDINANCES 


dise, except permission therefor be granted by the City 
Council for that purpose, according to the following 
conditions, to-wit: 

That no such goods, wares and merchandise shall 
be placed upon sidewalks for exhibiting, displaying and 
advertising, except same be enclosed in show cases in 
the manner hereinafter set forth: 

(1) That for the purpose of setting and adjusting 
plate glass show cases thereon, in which goods, wares 
and merchandise, offered for sale, may be exhibited, 
displayed and advertised, any person, firm or corpor- 
ation doing business in this city may occupy and use the 
inner side of the sidewalks, not to exceed 16 inches width, 
along, next and against the wall of the store room, and 
at or near the entrance to the same in which said busi- 
ness is conducted. 

(2) The said person, firm or corporation, who shall 
decide to use such portion of the sidewalk mentioned in 
Clause 1 hereof, shall make written application therefor 
to the City Council, requesting such privilege, and in said 
written application shall bind himself, themselves, or it- 
self to hold the city harmless from any liability for dam- 
ages that might accrue or result from or by reason of 
setting such show case or show cases on the sidewalks. 

(3) Said merchants shall present to the City Coun- 
cil, with said written application, plans and specifica- 
tions of the plate glass show cases that may be desired 
to be used for the purpose of enclosing the goods, wares 
and merchandise, offered for sale, to be exhibited, dis- 
played and advertised on the sidewalks. 

Article 584. Penalty.— That the use of the side- 
walks for exhibiting, displaying and advertising goods, 
wares and merchandise, offered for sale without same be- 
ing placed in plate glass showcases, under a permit duly 
granted by the City Council as provided in the preced- 
ing article, shall constitute a misdemeanor, and any per- 
son violating same shall be fined in any sum not to ex- 


CITY OF BEAUMONT. 


223 


ceed one hundred dollars, and every day such violation 
continues, shall constitute a separate offense. 

Article 586. Shall Keep Sidewalks and Gutters 
Clean. — That if the occupant of any building or premises 
shall allow any trash, dirt or filth of any character what- 
soever in the gutter or on the sidewalk in front of such 
premises, or in the rear of such premises for a longer 
time than six hours shall be deemed guilty of a mis- 
demeanor, and upon conviction in the city court, shall 
be fined in any sum not exceeding fifty dollars. 

• 

Article 586. Requiring Sprinkling of Sidewalks 
When Sweeping on Certain Streets. — That it shall be 
unlawful for any owner, tenant or occupant of any build- 
ing fronting on any street within the following described 
territory in the City of Beaumont to sweep or cause to 
be swept their sidewalk in front of said building so oc- 
cupied at any time of the day or night without first thor- 
oughly sprinkling same with water or other substance 
that will prevent the raising of dust during the time of 
said sweeping. 

Beginning at a point where the north line of Mul- 
berry Street meets the river; 

Thence west with the north boundary line of said 
street to the east line of Main Street ; 

Thence with the east line of Main Street to the In- 
tersection of said line and the north ] ine of Calder Av- 
enue; 

Thence west on the north line of Calder Avenue to 
the intersection of the west line of Magnolia Avenue; 

Thence southward on the west line of Magnolia 
Avenue and across the railroad yards of the T. & N. 0. 
Railway Company to the north line of Bonham Street; 

Thence westward on the north line of Bonham Street 
to the west line of Railroad Avenue; 

Thence southward on the west line of Railroad Avenue 
to the south line of College Street; 


224 


CHARTER AND ORDINANCES 


Thence eastward on the sonth line of College Street 
to the west line of Orleans Street; 

Thence southward on the west line of Orleans Street 
to the River; 

Thence up the river to the place of the beginning. 

Article 587. Property Holders to Keep Sidewalks in 
Repair. — That it shall be, and is hereby made, the duty 
of all owners and occupants of property along the side- 
walks to keep the same together with the curbing and 
guttering, in good repair and free of obstructions of all 
kinds. Anyone failing to repair such sidewalks after 
three days’ notice from any peace officer, or the 
Mayor or any member of the Street and Bridge com- 
mittee, shall be deemed guilty of a misdemeanor, and 
upon conviction in the city court shall be fined in any 
sum not exceeding fifty dollars, and each day anyone 
thus fails shall be considered a separate offense. 

Article 588. Defective Sidewalks and Removal of. — 

That it shall be the duty of the Street Commissioner 
of the City of Beaumont, whenever any sidewalk in the 
city shall become dangerous to the public travel or pub- 
lic safety by reason of decay or any other cause, on or- 
der of the Mayor or Chairman of the Street and Bridge 
Committee to tear up and remove the same. 

Article 589. Defective Sidewalks, Notice to Owner 
to Repair. — It shall be the duty of the Mayor and Chair- 
man of the Street and Bridge Committee, whenever it 
shall come to his knowledge that any sidewalk has be- 
come dangerous to public travel or public safety, to no- 
tify in writing the owner or agent of property before 
which said sidewalk lies of the condition thereof, and 
shall order the owner or agent thereof in said notice to 
repair or remove the same within ten days from the date 
of the notice thereof, and should the same not be repaired 
or removed within said time to order the Street Com- 
missioner to remove the same as hereinbefore provided. 

Article 590. Repairing Damage to Sidewalks, Sew- 
ers, Gutters, etc. — It shall be unlawful for any person, 


CITY OF BEAUMONT. 


225 


without consent from the Street and Bridge Committee, 
to interfere with, obstruct, injure or alter, in any manner 
any sewer, culvert, sidewalk, pavement, gutter, or drain 
in the city under a penalty not exceeding one hundred 
dollars for each and every offense, and each and every 
day of such interference, obstruction, alteration or in- 
jury to be permitted to remain after notification by the 
proper authority shall constitute a separate offense. 

Article 591. Placing Trash, etc., Upon. — That it 
shall be unlawful for any person to sweep out, throw or 
deposit or permit any one in his employ to sweep out, 
throw or deposit any trash, loose paper, filth, tin, glass, 
pieces of iron, or any animal or vegetable substance what- 
soever, on or in any street or streets, sidewalk or side- 
walks and public grounds of this city. 

Article 592. Riding Bicycles on Sidewalks. — That it 
shall be unlawful for anyone to ride a bicycle on any side- 
walk in this city. That it shall be unlawful for anyone to 
ride a bicycle on any sidewalk in the city or on or along the 
banks of the Neches River from the south end of Or- 
leans Street to the north end of Sabine Pass avenue. 

Article 593. To Prevent the Growth of Weeds and 
Grass on Sidewalks. — It shall be unlawful for any owner 
or owners, agent or agents, or occupants of any lot or lots 
in the corporate limits of the City of Beaumont, to allow 
weeds or grass to grow or remain upon the sidewalks, so 
as to obstruct the sidewalks or gutters fronting or abutt- 
ing on any lot or lots of which they may be the owner or 
owners, agent or agents, or occupants. 

Article 594. Requiring Owners to Remove Growing 
Weeds and Grass. — That any owner or owners, agent or 
agents, or occupants, of any lot or lots, who shall fail 
to remove or have removed all weeds or grass, as afore- 
said, now on the sidewalks or gutters, or which may here- 
after grow and be on the sidewalks or gutters, in front, 
adjoining or abutting on their lot or lots, after ten days 
notice, shall be deemed guilty of a misdemeanor. 

Article 595. Ordinance to Prohibit the Exhibition of 


226 


CHARTER AND ORDINANCES 


Fish and Dead Fowls, etc., on the Streets or in Front of 
Any Place of Business. — That if any person shall expose, 
exhibit, place, hang or permit to remain, any fish or dead 
fowl of any kind, or beef or meat of any kind, on any 
sidewalks, store, gallery, or the gallery of any other place 
of business, in or near the front of such place of busi- 
ness, or permit the same to be done, he shall be fined in 
any sum not exceeding one hundred dollars. 

Article 596. Unlawful to Throw Liquids Into Streets 
or on Sidewalks. — It shall not be lawful for any owner 
of any house, building or tenement, to throw any filthy 
water or fluids of any description from such house, build- 
ing or tenement into the street or on the sidewalks. 

Article 597. License for Storing or Vending on Side- 
walks. — Any person may obtain from the Mayor the privi- 
lege of storing and exposing for sale and selling on the 
sidewalks within the City of Beaumont, fruit, nuts, cigars 
and tobaccos, soda water and candy or other articles of 
merchandise on payment to the city assessor and col- 
lector of taxes the occupation tax in advance. 

Article 598. Unlawful to Throw Banana Peelings, or 
Watermelon Rinds or Paper on Sidewalks, Penalty. — 

It shall not be lawful for any person to throw any banana 
peelings, watermelon rinds or paper on sidewalks or 
street crossings. Any person who shall be convicted be- 
fore the City Recorder of throwing any banana peelings, 
watermelon rinds or paper on any side walk or street cross- 
ing in the City of Beaumont, shall be fined in any sum not 
less than one dollar, nor more than one hundred dollars. 

Article 599. Running Wheelbarrows, Wagon Wheels, 
or Hand Carts on Sidewalks. — Any person who rolls, 
pushes or runs any wheelbarrow, wagon wheels or hand 
cart on any sidewalk (except in crossing to go in and out 
of the lot or building of the owner, or in such other place 
as may be necessary for the purpose of loading or un- 
loading) shall be fined not less than one nor more than 

Article 600. Endangering Passage While Building 
or Repairing. — Any person who leaves any excavation in 


CITY OF BEAUMONT. 


227 


any street or sidewalk, or any material while repairing or 
building any house or other structure, in such condition 
as to endanger persons passing along the street or side- 
walk, without a signal by day and lamp by night, shall 
be fined not less than one nor more than one hundred 
dollars. 

Article 601. Unlawful to Dig a Ditch Across Street 
or Sidewalk. — It shall not be lawful for any person or 
corporation to dig or cut any ditch or make any opening 
on or across any street or sidewalk within the city limits 
of the city, except for draining . 

Article 602. Advertisements Not to be Painted on 
Streets and Sidewalks. — All persons, firms, associations 
of persons, and corporations, are prohibited from painting 
or writing signs or advertisements upon the sidewalks and 
paved streets of the City of Beaumont, Jefferson County, 
Texas, and any such persons, firms, associations of per- 
sons, or corporations, violating this article, shall, upon 
conviction, be fined in any sum not less than ten nor more 
than one hundred dollars, and each sign or advertisement 
so written shall constitute a separate and distinct offense. 

Article 603. Destroying, or. Injuring. Trees, and 
Shrubbery in Public Grounds. — If any person or persons 
shall destroy, or in any way injure, any of the trees, 
shrubbery or other ornaments on or along any sidewalk 
or street of the city or the court house, market house, or 
any school house or church grounds, or shall wilfully 
open or leave open any of the gates of said enclosures, 
whereby any trees, shrubbery or other ornaments, shall 
be destroyed or injured by stock or otherwise, he shall 
be fined not less than five nor more than one hundred 
dollars. 

Article 604. Injuring Sidewalks.— Any person who 
shall wilfully or maliciously tear up, injure, deface or 
destroy any sidewalk, or any portion thereof, shall be 


228 


CHARTER AND ORDINANCES 


fined not less than five nor more than one hundred dol- 
lars. 


Article 605. Unlawful to Ride or Drive on or Across 
Sidewalks. — It shall not be lawful for any person to ride 
or lead any horse, or drive any team on or across the 
sidewalks, except at such places as may be constructed 
and used for the purpose. 

Article 606. Riding or Driving on Sidewalks. — Any 

person who shall ride or drive with any animal, vehicle 
or bicycle upon or over any sidewalk or gutter between 
the roadway or graded street and the lot or lots abutting 
on such street except for the purpose of access to or from 
such abutting lot or lots, shall be fined hot less than one 
nor more than one hundred dollars. 

Article 607. Throwing Article From Roof or Upper 
Story. — Any person who throws any article from the roof 
or upper story of any house upon any street or sideawlk, 
shall be fined not less than one nor more than one hun- 
dred dollars. 

Article 608. Changing or Altering Sidewalks or 
Pavements, Penalty. — It shall be unlawful for any person, 
firm or corporation, their agents or employees, to alter, 
change or cause to be changed, any sidewalk or pavement 
within the City of Beaumont, without first applying to 
the City Engineer for a permit to construct, alter or 
change said sidewalk or pavement, and to specify minute- 
ly what changes or alterations are proposed. If, upon 
examination, the proposed change, alteration or construc- 
tion shall be found to be of first class construction and 
to conform to the proper grade, with proper drainage, 
the city engineer shall issue the proper permit in writing, 
setting forth the condition under which same was grant- 
ed, and shall promptly furnish to the party applying the 
proper grade lines necessary to the proper construction, 
change or alteration of the proposed sidewalk or pave- 
ment; provided, however, that the city engineer shall 
have no authority, nor shall he issue a permit for con- 
struction of any wooden sidewalk, nor of a less width 


CITY OF BEAUMONT. 


229 


than four feet. Any person, firm or corporation, their 
agents or employees violating this article, shall be liable 
to arrest and trial before the corporation court, and upon 
conviction shall be fined not less than twenty nor more 
than one hundred dollars for each offense. 

Article 609. Show Windows, How Constructed. — That 
it shall be unlawful for any owner or any occupant of 
any house or building to construct, or permit to be con- 
structed, any show window, or other place for display 
of goods on said building and premises in such manner 
as will extend out and protrude over or into the sidewalk. 

Article 610. Council May Compel Building or Re- 
pairs of Sidewalks. — That the owners or owner of any lot 
or lots , pieces or parcels of ground within the corporate 
limits of the City of Beaumont, Texas, fronting or abutt- 
ing on any street or streets within the said city be, and 
they are hereby required to erect, construct and build or 
repair, at his or their own expense, a sidewalk thereon 
according to the plans and specifications prescribed by 
the City Council, and within the time designated by said 
City Council of the City of Beaumont, which said side- 
walk shall be constructed, built ox repaired under the 
direction of the Street and Bridge Committee and the 
City Engineer of the city; the cost of which shall be paid 
for by the owner or owners of the abutting property. 

Article 611. Council to Designate Character and Loca- 
tion of Sidewalks. — The City Council shall designate, 
from time to time, on or along what streets or street, in 
the City of Beaumont that a. sidewalk or sidewalks there- 
on shall be constructed, built or repaired, and shall pre 
scribe from time to time the plans and specifications by 
which the sidewalk or sidewalks shall be constructed, 
built or repaired, and shall designate the time within 
which the owner or owners of the abutting property shall 
construct, build or repair, such sidewalk or sidewalks, 
and shall issue or cause to be issued written notices to 
said property owners, stating the character of sidewalks 
or sidewalk, desired to be built and constructed or re- 


230 


CHARTER AND ORDINANCES 


paired, and designate the time within which said sidewalk 
or sidewalks shall be built or constructed, or repaired. 

Article 612. Duty of Owner, Upon Receipt of Notice, 
to Build or Repair Sidewalks. — It shall be the duty of 
any abutting property owner or owners on any street or 
streets on which the City Council has designated that a 
sidewalk or sidewalks shall be built and constructed, or 
repaired, upon receipt of a notice that the City Council 
has designated said street or streets on or along which 
sidewalk or sidewalks are required to be built, construct- 
ed or repaired, shall within ten (10) days from the ser- 
vice of said notice, proceed to build and construct, or re- 
pair, at his or their own expense, the sidewalk or side- 
walks designated by the City Council, according to the 
plans and specifications prescribed by said City Council 
and shall complete said sidewalk or sidewalks in front 
of his or their said abutting property, within the time 
designated by said notice. 

Article 613. Penalty. — Any owner or owners of any 
lot or lots, piece, or parcel of land abutting on any street 
or streets in the City of Beaumont, who shall fail or re- 
fuse to construct and build, or repair, said sidewalk or 
sidewalks, on or along his or their abutting property on 
the street or streets designated by the City Council, after 
receiving notice, as prescribed in this chapter, accord- 
ing to the terms and stipulations in said notice, shall be 
deemed guilty of a misdemeanor and upon conviction in 
the corporation court in the City of Beaumont, shall be 
fined in any sum not less than ten (10) dollars, nor more 
than two hundred ($200) dollars, and in addition thereto 
the city may recover a personal judgment in any court 
having jurisdiction of the amount for the cost and ex- 
pense of constructing or repairing said sidewalk or side- 
walks (with ten per cent additional thereon) as pre- 
scribed in the charter of the City of Beaumont; pro- 
vided the City of Beaumont constructs, builds or repairs 
said sidewalk or sidewalks. 

Article 614. Notice to Owner Evidence of Receipt of 
Same. — A copy of the plans and specifications signed by 


CITY OF BEAUMONT. 


231 


the Mayor and attested by the City Secretary, under the 
corporation seal of the City of Beaumont, and delivered to 
the abutting property owner or owners by the Chief of 
Police or any policeman of said City or by registered mail, 
with a request to construct, build or repair, said sidewalk 
or sidewalks shall constitute a legal notice to such owner 
or owners to build or repair said sidewalk or sidewalks, 
and the return of the officer or return of the postoffice 
receipt of the registered notice shall be sufficient evi- 
dence that the proper notice has been .served upon the 
abutting property owner or owners to build said side- 
walks where same are desired to be built or repaired. 

Article 615. Cement Sidewalk Contractor Required 
to Give Bond. — That any person, firm or corporation 
now engaged or who may hereafter become engaged in 
the business of making, constructing and laying, cement 
sidewalks in the City of Beaumont, Texas, be and he or 
they or it are hereby required to execute a good and suf- 
ficient bond in the sum of $2,000.00, payable to the Gh*y 
of Beaumont, and approved by the City Council, condi- 
tioned, that he, they, or it, have agreed and contracted to 
make, construct and lay, according to the plans and spec- 
ifications for cement sidewalks hereinafter set forth, or 
may be hereafter prescribed and adopted from time to 
time by the City Council, and conditioned further, that 
he, they or it, will maintain said cement sidewalks, when 
so made, constructed or laid, for a period of three years, 
free of any cost or charge to the owner thereof, provided 
said cement sidewalks shall give way through use, by rea- 
son of any defective material, or defective workmanship 
placed thereon or therein. 

Said bond herein provided for shall he filed with the 
City Secretary of the City of Beaumont and approved by 
the City Council before any person, firm or corporation, 
shall engage in the business of making, constructing and 
laying, cement sidewalks in the City of Beaumont. 

Article 616. Penalty for Disobeying Foregoing Ar- 
ticle. — That it shall be unlawful for any person, firm or 
corporation now engaged in the business of making, con- 


232 


CHARTER AND ORDINANCES 


structing and laying, cement sidewalks to prosecute said 
business within the limits of the City of Beaumont, with- 
out a good and sufficient bond, as described above, has 
been duly executed, delivered and approved as set forth 
in the foregoing article, and any person, firm or corpora- 
tion who does engage in the business of making, con- 
structing and laying cement sidewalks within the ilmits 
of the City of Beaumont for profit, without first having 
the above described bond duly executed, filed and ap- 
proved, shall be deemed guilty of a misdemeanor and 
upon conviction # in the coporation court of the City of 
Beaumont, shall be fined in any sum not less than $5.00 
nor more than $100.00. 

Article 617. Plans and Specifications of Cement 
Sidewalks. — The said cement sidewalks shall be made, 
constructed and laid, with in the city limits of Beaumont, 
according to the following plans and specifications, to- 
wit: 


1. Stakes will be set by the engineer to define one 
edge of the walk, and the stakes driven to grade will in- 
dicate the top of the walk at said line. The transverse 
slope of the walk will be one-fourth (1-4) inch per foot, 
and will be determined with level and grade board made 
according to instructions from the City Engineer. 

2. The sidewalk shall be graded to the width as 
shown on plan for the entire length of the improvement ; 
including all wings and crossings and eight inches be- 
low the finished surface of the walk. The grading must 
be smoothly and neatly done, all roots and rubbish of 
every description being removed from the grade and the 
entire work must be made to conform fully to the profile 
and grade of the walks when finished. Soft loamy spots 
in the sub-grade must be taken out and refilled with good 
material, and the grade solidified by thorough ramming. 

3. Trees shall not be injured, cut down or otherwise 
disturbed, except by order of the engineer. Roots of trees 
which are not removed but which are contiguous to the 
grade of the walk or in any way interfere therewith must 


CITY OF BEAUMONT. 


233 


be trimmed and cut away as the engineer shall direct and 
where the engineer directs the concrete shall he fitted to 
the trees, and roots covered with earthenware half pipes. 
Any trees removed must be grubbed for the entire width 
of the sidewalks and also all its roots that rise above 
the level of the sub-grade. No extra compensation for 
such work will be allowed. 

4. Upon the sub-grade thus prepared and after in- 
spection of the same, a foundation of sand, fine gravel, 
broken stone, or shell, in such proportions as when 
rammed, will form a solid and compact mass shall be 
spread to a uniform depth of four inches, all to he rammed 
and tamped until it presents a hard smooth surface. It 
shall be sprinkled with water as required, enough remain- 
ing to render the surface as moist as the concrete at the 
time the latter is laid. Through this foundation there 
must be placed six inch sewer pipe to be furnished by the 
property owner for draining the abutting property into 
the curb ditch. These pipes shall be placed not less than 
25 feet and not more than 100 feet apart as the engineer 
may direct. 

5. Upon the above prepared bed shall be placed 
Portland cement concrete, three inches in thickness, made 
as follows: 

The part by measurement shall be one part cement, 
two parts clean sharp sand and four parts shell, or five 
parts broken stone. Portland cement shall be the best 
quality, freshly burned and finely ground, and shall stand 
the test required by the City Engineer. The sand shall 
be clean and sharp, free from loam or clay. The shell, if 
shell be used, shall be thoroughly washed; the stone, if 
stone be used, shall be so crushed that the largest pieces 
shall not be greater than one inch, nor the smallest not 
less than one-quarter inch in diameter, it shall be free 
from dirt and dust. The cement and sand shall be mixed 
together and made into mortar without excessive use of 
water. The shell or stone, thoroughly wet, but containing 
no loose water, shall be applied to the mortar and thor- 
oughly mixed therewith. The concrete thus prepared 


234 CHARTER AND ORDINANCES 

shall be immediately placed in position and thoroughly 
rammed. 

The top shall be composed of clean, sharp sand and 
Portland cement in equal parts wet and pounded into 
place. 

6. The surface shall be floated with a straight edge, 
smooth and even, subsequently floated with a short 
wooden float and completed wtih a plastering trowel. The 
sidewalks shall be laid in blocks not greater than 5x5 
feet, nor less than 4x4 feet, unless a special permit is 
granted to do so, by the City Council, for a less width. 

7. The contractor has a right to charge for all fill- 
ing, but does the excavation work up to the depth of 
twelve inches. 

Article 618. Penalty. — A failure to make, construct 
and lay the said cement sidewalk, according to the specifi- 
cations set forth in the foregoing article by any person, 
firm or corporation, engaged in the business of building 
cement sidewalks, shall be deemed a misdemeanor, and 
may be fined upon conviction in the corporation court 
in the City of Beaumont in any sum not less than five 
nor more than two hundred dollars, and shall also be 
liable to have his, its or their, bond forfeited and the 
owner of said walk may recover damages from the said 
person, firm or corporation and their bondsmen, in any 
court having jurisdiction in any sum, to which he, they 
or it may have suffered, not to exceed the amount of the 
bond, and the owner or agent of the abutting property in 
front of which said cement walk has been contracted for 
and made, constructed and laid, shall have the option of 
withholding the payment for the making, constructing 
and laying, of such cement sidewalks, until the contractor 
shall present a certificate from the City Engineer, ap- 
proving the making, constructing and laying of the said 
cement walk. 

Article 619. Increasing Width of Sidewalks in Og- 
den Addition. — All sidewalks in the Ogden Adidtion to 
the City of Beaumont are hereby increased from their 
present width to sixteen and one-half (16 1-2) feet each. 


CITY OF BEAUMONT. 


235 


Article 620. Reducing Width of Streets in Ogden 
Addition. — All streets in the Ogden Addition to the City 
of Beaumont are hereby reduced from their present width 
to twenty-seven (27) feet each. 

Article 621. Preventing Scattering of Advertising 
Matter. — That it is hereby made unlawful for anyone to 
scatter or throw any hand bills, circulars, cards, newspa- 
pers or any advertising device of any description along 
or upon any street or sidewalk in the City of Beaumont. 

Article 622. Laying Gas or Other Pipes. — It shall 
not be lawful for any person or corporation to dig or 
cause to be dug any ditches or make any opening in, over 
or across, any street or sidewalk for the purpose of lay- 
ing down gas or other pipes without first obtaining a per- 
mit therefor, and if such permit be granted then such 
person or corporation shall immediately fill up, pack and 
ram down, tight the earth taken therefrom, and leave 
such street or sidewalk in as good order and condition as 
the same was in before such excavation was made. 

Article 623. Unlawful Deposit of Refuse Matter. — 

It shall not be lawful for any person to throw or deposit 
in any street, sidewalk or gutter, alley or ditch or drain, 
any filth, dung, garbage, broken glass, tin, chips, paring 
or bits of leather, shavings, paper, hand bills dodgers, 
newspapers, boxes or any other trash whatever. 

Article 624. Driving Across or Obstructing Ditches. 

* — Any person who shall drive, or cause to be driven, any 
horses, cattle, sheep, hogs or other animals in or across 
any ditch at the place or places except the regular bridges 
across said ditch, or who shall throw or deposit in said 
ditch anything that will in any way obstruct the free 
flow of water through the same, shall be fined in any 
sum not more than twenty-five ‘dollars. 

Article 625. Unlawful to Construct Roads or Bridges 
Without Consent of Council. — It shall not be lawful for 
any person, firm or corporation to lay out, survey, grade 
or construct, or run any road or railway, or make any 
other public improvements within, through or over, any 


236 


CHARTER AND ORDINANCES 


street, public or private grounds in any portion of the 
city, nor build, erect or construct, any bridge without the 
consent of the City Council first be had and obtained. 
Each day that such unlawful work progresses or such un- 
lawful structure remains shall be held a separate offense. 

Article 626. Street Obstructions. — It shall not be 
lawful for any person to place or leave, in any public 
street or alley, any matter or thing calculated to interfere 
with, obstruct or render less safe or convenient the free 
use of such street or alley for vehicles; provided, that this 
article shall not be so construed as to interfere with the 
construction of buildings or improvements, in which 
event one-third the width of the street may be used for 
material, etc., by the contractor. 

Article 627. That it shall be unlawful for any vehicle 
used for the conveyance of passengers, for hire, or any 
wagon or vehicle used for hauling freight or baggage, or 
any wagon or vehicle of like character to remain standing 
on any part of the following streets in the City of Beau- 
mont, for a longer period than five minutes, except as 
hereinafter provided, to-wit : 

On any part of Crockett Street between Pine and Or- 
leans Streets ; or on any part of Pearl Street between Ce- 
dar and College Streets, and on any part of Orleans Street 
between Crockett and Forsythe Streets and on any por- 
tion of Liberty Avenue between where said street inter- 
sects Orleans and Bonham Streets and the west side of 
Alamo Street, and Alamo Street between Liberty Avenue 
and Laurel Avenue in said City of Beaumont. 

Article 628. That the provisions hereof shall not ap- 
ply to any deliver}^ wagon owned and used by any mer- 
chant exclusively in transporting and delivering goods, 
wares and merchandise to and from his store house lo- 
cated within said territory; provided only a reasonable 
time, not to exceed thirty minutes, be allowed said wagons 
to load and unload their freight; nor to buggies owned by 
private citizens and not used for hire; nor to carriages 
and busses in taking passenger to and from any portion 


CITY OF BEAUMONT. 


237 


of said territory; provided they shall not remain within 
that territory on Crockett Street, Liberty Avenue or 
Alamo Street, for a longer period than twenty minutes; 
provided that carriages and other vehicles used exclusive- 
ly for conveying passengers shall have the right to stand 
in any part of said territory, on rockett or Orleans 
Streets between the hours of 7 P. M. and 7 A. M. 

And provided further, that it shall be unlawful for 
any person to hitch a horse or team, or ]eave a horse, 
team of horses, automobile or vehicle of any kind or 
character whatsoever, standing upon any portion of Pearl 
Street between Cedar and College Streets in said City 
of Beaumont, for a longer period than thirty minutes. 

Article 629. Street Encroachments Prohibited, pro- 
vise. — It shall be unlawful for any person or corporation 
to build, place or erect, any fence, house or building on 
any public street, alley or sidewalk or on any part there- 
of, or to extend or enlarge any fence or building so as to 
encroach on any street, alley or sidewalk, in the City of 
Beaumont; provided, however, that in the construction of 
buildings, within the fire limits, of stone or brick, or other 
permanent material, it shall be lawful to build any plas- 
ter, column or other ornamental feature of such buildings 
at the base line of same eight and one half inches beyond 
the lot lines; such projecting portions, however, not to 
exceed twenty-one (21) inches in width at any point, nor 
to exceed four in number in any twenty-five feet frontage, 
and provided, further, that in the construction of such 
buildings it shall be lawful to construct steps beyond the 
lines of the lots of the same not to exceed the lot lines 
more than thirteen inches. And it shall also be lawful, in 
construction of any area walls, or steps within area walls, 
to extend the openings thereof beyond the lot lines a dis- 
tance not exceeding eighteen inches; and provided, fur- 
ther, that in the construction of any building within the 
meaning of this article, -it shall be unlawful to begin the 
construction thereof without first having filed in the 
office of the city engineer a diagram setting forth in lines 


238 CHARTER AND ORDINANCES 

and figures the projections to be made beyond the lot 
lines. 

Article 630. Unlawful to Make a Fire or Burn Trash 
on Said Streets. — It shall be unlawful for any person, 
firm or corporation, to burn any trash or make any fire 
upon paved streets, or to use any fire thereon in any 
manner, or to heat the same, or to take any receptacles 
thereon, in which there is fire that is calculated to heat 
said pavement of said streets. 

Article 631. Unlawful to Dig Holes in Said Streets. — It 

shall be unlawful for any person to pick or dig holes in # 
said streets or drive any sharp instrument therein that 
will make a hole. 

Article 632. Livery Men Injuring Streets. — That it 
shall be unlawful for any person or persons, being the 
owner of any livery, sale or feed stable, to keep, feed, 
clean, wash or allow to stand and stamp upon any pave- 
ment on the street in the City of Beaumont, any horse, 
mule, or other animal; provided, however, that this ar- 
ticle shall not apply to the ordinary use or usual stop- 
page of animals in harness and hitched to vehicles in 
charge of a driver. 

Article 633. Removing Material From or Placing 
Obstructions Upon Streets. — That every person, persons 
or corporation, is prohibited from removing any street 
construction, material, articles, or substances placed on 
any street of the City of Beaumont, or to place any ob- 
struction on the streets of the city without first obtain- 
ing the written permission of the Mayor of the City of 
Beaumont. 

Any person violating any of the provisions of this 
article shall, upon conviction, before the corporation 
court of the City of Beaumont, be fined any sum not less 
than five dollars nor more than two hundred dollars. 

Article 634. Preventing Removal of Earth, etc., 


CITY OF BEAUMONT. 


239 


From the Streets or Grounds. — That it shall hereafter be 
unlawful for any person, firm or corporation, to remove 
any sand, earth or paving material from any street, alley 
or public grounds in this city except where the same is 
done under contract with the city or by special permit 
given in writing by the Street and Bridge Committee. 

Artir ] e 635. Laying of Underground Pipes and Un- 
dergroux I Wires.— That the Beaumont Water Works 
Company, Gas Light Company and Beaumont Telephone 
Company and other companies having under- 
ground pipage system or undergrouud wires, 
shall be required to furnish the City Engineer with 
a map showing streets, alleys and sidewalks occupied by 
•the pipage or underground wire system, and the dimen- 
sions of the pipes used, and no such company shall be al- 
lowed to repair or put in new pipes or wires unless first 
obtaining permission of the City Engineer, and first filing 
in the office of the City Engineer a map showing the ter- 
ritory to be occupied by the pipage or wire system and 
dimensions of the pipe to be used. No such company 
shall be allowed to continue the occupancy of the streets 
of the City of Beaumont unless they comply with the 
above provisions and with the provisions of the Chapter 
relating to “ Underground Pipes.’ ’ 

Article 636. Constructions of Returns or Driveways 
to Prevent Obstruction of Drainage. — That it is hereby 
made the duty of all persons owning property abutting 
on paved streets in the City of Beaumont to construct or 
cause to be constructed at their own cost and expense, 
returns or driveways paved with brick, stone or other 
durable material, leading from the curb line to the prop- 
erty line on such lots as it may be necessary, to enter with 
any vehicle from the street, on such gra'de as may be 
furnished by the City Engineer, and in doing such work 
property owners shall have the right to cut down the curb 
wall, but only as may be directed by the City Engineer. It 
shall be the duty of the City Engineer, on the application 
of any property owner, to furnish the correct grade for 
said proposed returns or driveways free of cost, and the 


240 


CHARTER AND ORDINANCES 


work of constructing such driveways shall be done under 
his supervision. 

Article 637. Persons Must Not Excavate in Streets. 

— That it shall be unlawful for any person, company or 
association, under any pretext whatever, to make any ex- 
cavation or embankment in any street, avenue or alley in 
this city without a written permit from the Street and 
Bridge committee, under penalty of not exceeding one 
hundred dollars, and for each and every day such excava- 
tion or embankment shall be permitted to remain, after 
notification by proper authorities to fill or to remove the 
same shall constitute a separate offense. 

Article 638. Shall Repair Damage Done to Streets. — 

That when any part of any street, avenue or alley, or 
other public place, in this city, shall be torn, dug up or 
taken up for any purpose, the person doing the same shall 
upon completion of the said work, and as fast as practi- 
cable during the accomplishment thereof, return the earth 
ram and puddle the same to a firm and solid bearing, and 
in such manner as will entirely prevent settling of such 
earth, and leave the said street in as good cond ; tion as 
they found the same, and to the entire satisfaction of the 
Street and Bridge committee, or either of them, and upon 
their failure to do so, they shall be fined in any sum not 
exceeding fifty dollars. 

Article 639. Sweeping Trash in Streets. — That it 
shall be unlawful for any person to sweep out, throw or 
deposit in, or permit anyone in his employment to sweep 
out, throw or deposit on or in, or to burn upon any street 
or pavement of said city any trash, loose paper, filth, tin, 
glass, pieces of iron, or any animal or vegetable sub- 
stance whatever. 

Article 640. Galvanized Trash Cans. — That all per- 
sons or firms occupying any houses or premises abutting 
Crockett, Pearl, Main, Tevis, Cypress, Or- 
leans or Bowie Streets, and other streets 
near the business portion of said city, shall, 
at their own cost, keep, provide and maintain a 


CITY OF BEAUMONT. 


241 


galvanized iron or tin can, fitted with a top so as not to 
expose the contents thereof, and sufficiently large to con- 
tain all necessary trash and other waste matter which 
may accumulate upon, in and about, said premises, and 
house, at a convenient place at the curb in front of their 
said premises, in which they shall deposit all 
trash, waste paper, and other substances 
of whatever kind which may accumulate in 
their said houses and upon said premises, in order that 
the same may be conveniently removed therefrom. 

Article 641. Permitting Trash to Accumulate. — It 

shall be unlawful for the occupant of any building within 
this city to permit any loose paper, hay, filth or other 
substances or unsightly stuff to exist or accumulate in 
the streets in front, or in the rear, of such building or 
premises occupied or controlled by them. And they shall 
make it their special duty to keep all trash of every kind, 
quality and quantity, out of the street abutting their said 
premises. And anyone violating the provisions of the 
two preceding articles shall, upon conviction, be fined in 
any sum not exceeding one hundred dollars. 

Article 642. Prohibiting Unhealthy Deposits in 
Streets and Gutters. — That no distiller, butcher, soap 
boiler, the keeper of any soda water fountain, tallow 
chandler, or dyer in this city, shall himself, or by any 
other, discharge out of or from any still house, work shop, 
drug store, soda fountain, foul or nauseous liquids, or 
liquids which may become so by stagnation, into a pond 
or adjacent ground, or into any street, sewer, gutter or 
other public place. 

Article 643. Prohibiting Discharging Waste Into 
Streets, etc. — It shall be unlawful for any person to throw, 
discharge, empty, flow or run, or allow or permit to be 
thrown, discharged, emptied, flowed or run, into any of 
the streets, gutters, or upon sidewalks in this city, any 
bath water, dish water, slop water or other waste water 
whatsoever, and any person violating this Article shall 
be deemed guilty of a misdemeanor and upon convic- 


242 


CHARTER AND ORDINANCES 


tion, shall be fined in any sum not to exceed one hun- 
dred dollars. 

Article 644. Prohibiting Foul Stock Pens Within 
Corporate Limits. — That no distiller, butcher, stock deal- 
er, or other person shall collect or keep any cows or 

hogs in a pen, or otherwise confine any cows or hogs 
in the city so as to create a stench or become a nuisance. 

Article 645. Preventing the Deposit on Streets of 
Dead Animals. — That no person shalT deposit any dead 
animal or excrement or filth from privies on any street, 
alley or public or private property in this city, or within 
one quarter of a mile of the corporate line. And when- 
ever any animal shall be found dead within said city 
the same shall be removed at once by the owner thereof 
at his cost. 

Article 646. Playing Ball In. — Any person who shall 
in this city, play at a game of ball in any manner upon 
any public highway, street, alley, or shall throw a stone 
or use a “ nigger shooter” or sling shall be deemed guilty 
of a misdemeanor. 

Article 647. Leaving Rubbish on Streets. — Where 
any person has occupied a portion of the street for build- 
ing purposes, if after the completion of said building 
and the expiration of time of permit, such person or per- 
sons shall leave any rubbish, or the owner of said struc : 
ture so built, shall permit the same to be so left, they 
shall be guilty of a misdemeanor. 

Article 648. Removing Street Names. — That any 
person who shall remove or deface the name of a street 
heretofore or hereafter fixed, unless necessary in build- 
ing or the repair of existing improvements, shall be 
guilty of a misdemeanor and any person, failing to re- 
place on the completion of such improvements or re- 
pairs such name, shall be guilty of a misdemeanor. 

Article 649. Prohibiting Bicycle Racing. — It shall 
be unlawful for any person to ride a bicycle along the 


CITY OF BEAUMONT. 


243 


streets of Beaumont at a greater rate of speed than 
eight miles an hour. 

Article 650. Prohibiting Playing Upon Streets. — It 

shall be unlawful for any person to remain among or 
participate with a number of other persons in any game 
or play upon any of the public streets of this city. 

Article 651. Circus shall Not Parade, etc. Without 
Permit, License and Tax Receipt.— It shall be unlawful 
for the proprietors or managers of any circus or show 
to permit his or their menagerie, troops, horses or out- 
fit, to parade any of the streets of this city or to pass 
over, upon or across, said streets, without first com- 
plying with all the rules, regulations, laws and ordinances 
now in force or to be hereafter enacted and prescribed, and 
obtaining a written permit, license and Occupation Tax 
Receipt, from the proper officers of said city; and any 
person or persons violating any of the provisions of this 
Article shall be deemed guilty of a misdemeanor. 

Article 652. Careless Hauling of Garbage. — Any 

person who hauls garbage or other offensive matter in 
carts through the streets without sufficient tail boards 
or wagon beds, to prevent same from falling out, shall be 
fined not less than one nor more than one hnudred dol- 
lars. 

Article 653. Impeding Passage. — Any person who 
in any manner impedes the safe and free passage of 
persons or vehicles along the streets shall be fined not 
less than one nor more than one hundred dollars. 

Article 654. Shall Run Levels. — The City Engineer 
shall, when requested by the Mayor of the City of Beau- 
mont or the City Council, run sufficient set of levels 
on any street, and project said levels on proper paper 
of uniform scale with a view of the establishment of 
the proper grades and drainage of the city. In running 
the lines of levels as above, the Engineer shall establish 
bench marks at convenient distances, checking upon 
the same until they agree. 

Article 655. City Engineer May Lower Grade of 


244 


CHARTER AND ORDINANCES 


Streets. — That when it shall be deemed advisable on the 
part of the City Engineer to excavate or lower the grade 
of any street in the City of Beaumont, a contract, to be 
approved by the Mayor, may be made with any person 
desiring to use the dirt therefrom, by allowing such 
persons to make such excavations under the superinten- 
dence and supervision and according to grade established 
by the City Engineer, but no such person shall be allowed 
to remove or take such earth or dirt without paying to 
the city the sum of at least ten (10) cents per cubic 
yard, which payment may be made either in cash or ser- 
vices furnished by using part of said dirt in filling other 
streets or other property for the City of Beaumont. 

Article 656. City Engineer to Issue Permit, When. — 

The City Engineer of the City of Beaumont shall not 
issue to any person, firm, associations, persons or cor- 
porations, who may desire a permit to excavate or throw 
up any embankment of any kind in any street, avenue, 
alley, or public place, a permit therefor, until there has 
been paid the sum of fifty cents therefor, and until there 
has been deposited with him a certified check on some 
local bank payable to the City Engineer, or the cash 
equivalent for such sum, as he may think sufficient to 
cover the cost of repairing the said street, alley, avenue 
or public place; said amout to be retained by the City 
Engineer until such portion of street so taken up under 
the permit shall have been properly relaid and replaced 
to the satisfaction of said City Engineer, when, if so 
done, the said amount shall be returned to the depositor ; 
provided, however, that if said pavement shall not have 
been properly relaid and replaced to the satisfaction of 
said City Engineer, or shall not have been done within 
twenty-four hours after the notification form the City 
Engineer to repair the same, the City Engineer shall 
have said repairs made, or shall have the Street Com- 
missioner to repair same, and the cost thereof, as com- 
piled by him or the Street Commissioner, shall be de- 
ducted from the amount deposited by said person, firm, 
association, persons or corporations, and the balance of 
said amount, if any, shall be returned to. depositor upom 


CITY OF BEAUMONT. 


245 


the surrender of his permit; provided, that said person, 
firm, association, persons or corporations, agrees by the 
acceptance of said permit, to pay the City of Beaumont 
any sum over and above said deposit that it may cost 
to so repair said street, avenue, alley or sidewalk, and 
remove said things and obstructions therefrom; provided, 
further, that any water works company and any gas 
company may, upon the first day of January each year, 
give to the City of Beaumont bond in the sum of five 
thousand dollars each, with good and solvent sureties, 
to be approved by the Mayor, conditioned in accordance 
with the provisions of this article, and that all pro- 
perty damage or personal injury will be paid by them if 
occasioned from failure, default or neglect, on their part 
to observe the conditions of this article, or to do the 
work in a proper and skillful manner. The street, av- 
enue, alley, sidewalk and public place, shall be repaired 
with similar workmanship to that existing in said street, 
avenue, alley, sidewalk or public place before it was 
opened. All dirt must be tamped from the bottom of 
the excavation to the top. Any unused material, tools, 
benches, debris, trash, dirt and obstructions of any kind 
shall be removed when the job is completed by the par- 
ties making excavations, and if same is not removed 
within twenty-four hours after notice has been given 
by the City Engineer, the same shall be removed by the 
City Engineer, and the cost of removing same shall be 
deducted from the amout of the deposit given by parties 
making excavation. Any violation of this Article shall 
be deemed a misdemeanor. 

Article 657. Must Have Signal Lights. — That all 
such persons, firms, associations, persons or corporations, 
are hereby required to place proper burners, lights or 
danger signals in or about their work, ma- 
terial, tools, and etc., in order to protect persons and 
property fropi injury, on account thereof, and failure to 
do so is hereby declared to be unlawful, and to consti- 
tute a misdemeanor. 

Article 658. Eights of Persons or Corporations to 


246 


CHARTER AND ORDINANCES 


Use Streets. — That whenever any street railway com- 
pany operating or owning any line or lines of street rail- 
way, or any person or corporation having the right to 
lay or maintain waterworks pipes or gas pipes along 
the streets of the City of Beaumont, shall desire to take 
up any pavement, or make excavations on any paved 
or unpaved street or streets of the City of Beaumont 
wherever its or their tracks or pipes are located, for the 
purpose of repairing or improving such tracks or re- 
moving such pipes or laying new ones, such person or 
corporation shall have the right to do so upon execut- 
ing a bond payable to the city of Beaumont in such rea- 
sonable sum as the Mayor shall require, conditioned that 
such person or corporation shall, without unnecessary 
delay, replace the pavements so taken up or removed, 
and refill such excavations in the manner required by 
the City Engineer. Such bond to be approved by the 
Mayor. Such person, firm or corporation, before be- 
ginning such work, shall further obtain from the city 
engineer a written permit to do so, stating where and the 
quantity of pavement to be taken up or excavation to 
be made, which work shall not impede traffic for a great- 
er distance than three consecutive blocks at any one 
time. Should such person or corporation fail to re-lay any 
pavement or refill any excavation as required by the 
city engineer, then upon notification by the city en- 
gineer the street commissioner shall replace the same, 
and all expenses in doing so shall be charged up abgainst 
such person or corporation, and the bondsmen shall be 
held liable for the amount of such expense. 

x Article 659. Streets to be Barricaded When Being 
Paved or Repaired. — When any street or streets in the City 
of Beaumont are being paved or repaired, the same shall 
be properly barricaded by the contractors engaged in 
the performance of this work. Said barricades shall re- 
main until such time as the City Engineer shall declare 
the same ready for travel and it shall be the duty of the 
Street Commissioner to see that said barricades are 
properly kept up. 

Article 660. Prohibiting Removal of Barricades. — 


CITY OF BEAUMONT. 


247 


Any person removing or disturbing any such barricade 
shall be deemed guilty of a misdemeanor and fined as 
hereinafter provided. 

Article 661. Prohibiting Use of Street while Being 
Paved. — It shall be unlawful for any person to ride or 
drive any horse or other animal or vehicle of any de- 
scription over, along or upon, any street of the City of 
Beaumont while the said street is being paved or re- 
paired before the same shall be declared ready for travel 
by the City Engineer. 

Article 662. Unlawful to Excavate Without Per- 
mission. — Procedure. — It shall be unlawful for any per- 
son, firm or corporation (other than a street railway, 
water, or gas company) to in any manner disturb or take 
up any portion of any street, paved or unpaved, in the 
City of Beaumont, without first having applied to the 
proper authority of the city for a permit to do so, stat- 
ing the amount of pavement necessary to be taken up, 
and depositing with the Mayor the sum of two and fifty 
one-hundredths ($2.50) dollars for every square yard 
(nine square feet) of pavement to be taken up, and shall 
state the time required until said pavement can be 
relaid; and in unpaved streets a deposit of fifty cents 
shall be made for every cubic yard of excavation intended 
to be made as a guarantee to replace said pavement on 
street, or to repair the same, and to put same in its for- 
mer condition. 

Article 663. Shall be Done in a Careful Manner. — 

Parties taking up any pavement or making any ex- 
cavation, as provided in the preceding article, shall do 
so in a careful manner, and on paved streets, shall pre- 
serve every part thereof, and in case of any excavation 
made, shall refill the same and thoroughly tamp and 
water the earth every three inches in height and leave 
the same in first class condition for relaying the pave- 
ment; and on unpaved streets the excavation shall be 
refilled in the same manner to a height level with the 
street, and should any depression afterwards occur in 


248 


CHARTER AND ORDINANCES 


any line of trench, it shall be refilled until it is permanent- 
ly settled and flush with the street; and in ail cases the 
street shall be left in as good condition as found. 

Article 664. Duties of Engineer and Street Commis- 
sioner. — It shall be the duty of the City Engineer to notify 
the Street Commissioner of all places where pavements 
have been taken up or excavations made, and in event 
the parties taking up the pavement or making excava- 
tions do not relay or refill in a manner satisfactory to the 
City Engineer, then the City Engineer shall notify the 
Street Commissioner, who shall at once relay the same 
in a thorough manner and shall keep and render to the 
City Engineer an accurate account of all expenses in- 
curred, and file the same with the Mayor, which amount 
the Mayor shall pay to the Treasurer of the City out of 
the sum deposited with him, and shall refund the re- 
maining amount, if any, to the person or persons having 
made the deposit. 

Article 665. Drainage. — Area Shall Not Be Reduced. 

— It is hereby made the duty of all persons owning prop- 
erty on paved streets, and in front of whose property 
wooden or other crossings from the curb wall to the pave- 
ment have been constructed, to at once re- 
move the same and construct driveways as 
is provided in this chapter, and on unpaved streets it 
shall be the duty of property owners to have all crossings 
over drains so constructed that they shall in no wise re- 
duce the area of drainage, and the same condition as 
to cutting any curb wall shall obtain as is provided in 
the case of paved streets. 

Article 666. Railroad Construction on. — That when- 
ever the track of any railroad crosses a street or alley 
in this city, the top rail shall be even with the surface 
of the street, for the full width of the street, and the 
street crossings shall be so fixed by the railroad com- 
pany or its agents. The same shall be observed where 
they have switches on any street. 

Article 667. Railroad Gutters and Culverts to be 


CITY OF BEAUMONT. 


249 


Properly Constructed.— That where any railroad has gut- 
ters or culverts, the same shall he so constructed or cov- 
ered up and maintained as not to interfere with free 
passage and convenient travel along the street, and so 
as not to convey water into any street or lot in the city, 
and the railroad company, or its agents, shall see that 
the same are constructed accordingly. 

Article 668. Railroads not to Construct Switch or 
Track upon Streets Without Permits. — No railroad com- 
pany shall construct any switch or track along or across 
and street in the city without having first gotten a per- 
mit from the City Council, and any and every person so 
doing or aiding in the act shall be deemed guilty of a 
misdemeanor, and the said company’s agent shall in all 
cases see that the provisions of these ordinances are 
complied with. 

Article 669. Bicycles Provided with Lamps. — All 

persons moving along the streets of Beaumont upon bi- 
cycles after dark shall provide for said bicycles a lamp 
or head light and keep the same lighted while moving. 

Article 670. Providing for Laying off of Blocks, 
Lots and Streets. — It shall be unlawful for any person or 
persons, corporation or corporations, his, its or their 
agents or employees, to lay off any blocks, lots or streets 
within the limits of the City of Beaumont without hav- 
ing same to conform as near as practicable with pre- 
viously laid out blocks, lots or streets of said city, and 
provided, that when any person, or persons, corpora- 
tion or corporations, his, its or their agents, or employees, 
shall lay off any blocks, lots or streets within the limits 
of the City of Beaumont, they shall first furnish the 
City Engineer of this city, a correct map of same, which 
shall receive his approval before same is recorded. 

Article 671. Penalties. — That any person, persons, 
firms on corporations violating any of the provisions or 
articles of this chapter, shall be deemed guilty of a mis- 
demeanor, and upon conviction shall be fined in any sum 


250 


CHARTER AND ORDINANCES 


not less than five nor more than two hundred dollars, 
except where the punishment for any of the provisions 
of this chapter is prescribed therein, in which event such 
punishment so prescribed shall prevail, and wherein the 
provisions of this chapter affect the streets, highways, 
sidewalks, gutters, or public grounds of the city of Beau- 
mont, each day^ that such violation thereof continues, 
shall constitute a separate offense and subject the violator 
to a separate penalty therefor. 

CHAPTER XXXVI. 

RAILWAYS. 

Article 672. Flagman at Crossings. — It shall be the 
duty of each railway company operating a railroad 
within the corporate limits of the City of Beaumont to 
keep by day and night at such public crossings as may 
be designated from time to time by the City Council 
one or more flagmen, whose duty it shall be to warn 
passers of the approach of trains, and to see that said 
crossings are kept free of standing trains, locomotives, 
or other obstructions. 

Article 673. Crossings to be Kept Clear. — It shall 
not be lawful for any railway company to permit any 
locomotive, engine or train of cars to remain standing 
upon any public street or street crossing within the cor- 
porate limits of the city of Beaumont for a longer period 
than two minutes. 

Article 674. Any Railway Company or any person 
operating the same as receivers, who shall fail or neglect 
to comply with the provisions of the two next preceding 
articles, or who shall neglect within ten days after the 
passage of an order by the city council to place flagmen 
at street crossings designated in such resolution, and 
maintain the same there, shall be liable to a penalty of 
fifteen dollars, the same to be recovered in a suit brought 
in the name of said city in either of the Justice Courts 
in Precinct No. 1, of Jefferson County, Texas. 

Article 675. Railway Company Shall Light Streets. 


CITY OF BEAUMONT. 


251 


— It shall be the duty of each railway company operat- 
ing trains within the City of Beaumont, over and across 
the streets of said city to illuminate each crossing unless 
otherwise ordered by the city council, with an electric 
arc lamp, not more than seventy-five feet distant from 
such crossing and not less than twenty-five feet distant 
from the ground, and of not less candle power than is 
used in the case of general arc lights and used by the 
city for lighting streets, which said light shall be so 
placed and constructed as to light the entire street at the 
point where same is constructed, and show the condition 
and location of the track and crossing. If after the expira- 
tion of ten days from and after notification shall have 
been served upon any railway company, any engineer, 
conductor, fireman or other agent, servant or employee 
of any railway company who shall run any engine or 
train of cars between dusk of one day and daylight of 
the next day, over any line of track not lighted as re- 
quired by this article, such person shall be deemed guilty 
of an offense and upon conviction before the city court 
shall be fined in any sum not less than five nor more 
than one hundred dollars for each time he may commit 
the offense, and any railway company, person or cor- 
poration, operating a railroad in the City of Beaumont 
over any crossing, who shall fail to comply with the pro- 
visions of this chapter shall be liable to a penalty of 
fifteen dollars, the same to be recovered in a civil suit 
brought in the name of the city of Beaumont in either of 
the Justice Courts of Precinct No. 1 of Jefferson County, 
Texas, and each day’s failure to comply with this article 
shall constitute a separate offense and liability. 

Article 676. Streets to be Kept Clear— That it shall 
be unlawful for any railroad engineer, train conductor, 
or other person to cause or allow any railroad locomo- 
tive, engine, car or cars, or train of cars, to stop in or 
remain upon any street or sidewalk with in the cor- 
porate limits of the City of Beaumont for a longer period 
than thirty minutes at any one time. Any person who 
shall violate the provisions of this article shall be fined 


252 


CHARTER AND ORDINANCES 


in any sum not less than five nor more than one hundred 
dollars. 

Article 677. Safe Guards to be Provided. — When- 
ever on any street or sidewalk crossed by 

the track or tracks of any railway com- 
pany the City Council deems it necessary to 

provide protection to the persons and property at any 
such crossings by the erection and maintenance of gates, 
guards or other protection, said Council may so de- 
clare and direct that said railway company shall, within 
a certain time, to be fixed by the Council, erect, con- 
struct and maintain a sufficient safeguard of such char- 
acter at such crossings, specifying the kind of protec- 
tion; to be erected, constructed and maintained as afore- 
said, whether it be a gate or gates, guard or other pro- 
tection; and it shall be the duty of the city secretary to 
serve upon such company named in said resolution a 
certified copy thereof within ten days after passage of 
said resolution, leaving a copy thereof with the local 
agent of said company at Beaumont, or at the general 
office of said company. 

Article 678. Penalty for Failure to Provide Safe- 
guards. — Whenever any railroad company shall have 
been directed by the City Council to erect, construct and 
maintain at any street or sidewalk crossed by its tracks 
or track, any gate, gates, guards or. other protection as 
provided in the next preceding article, such company, 
shall, within the time prescribed in said resolution, con- 
struct and thereafter maintain tl\e protection specified 
in said resolution, under a penalty of one hundred dol- 
lars for every failure so to do, and each and every ten 
days, after the expiration of the time so fixed for the 
construction of such protection that any company shall 
refuse or neglect to proceed to. the erection and con- 
struction of the kind of protection specified, shall con- 
stitute a separate and distinct offense, and incur a sep- 
arate penalty, such penalty to be recovered at the suit of 
the city in either of the Justices courts of Precinct No. 
1, Jefferson County, Texas. 


CITY OF BEAUMONT. 


253 


Article 679. Expense of Safe Guard to be Borne by 
the Railroad. — Every such gate, guard or other protec- 
tion, and the approaches thereto, when so ordered as 
aforesaid, shall he erected and constructed at the sole 
cost and expense of said railroad companies, under the 
supervision of the city engineer and street and bridge 
committee, and the same thereafter be kept and main- 
tained by such railroad company in proper repair and 
condition at its own cost and expense, and without cost 
and expense to the City of Beaumont, and under the di- 
rection of the City Engineer and Street and Bridge 
Committee of said city. 

Article 680. Penalty for Failing to Maintain Safe- 
guards. — Wherever any gate or guard shall have been 
erected, under the provisions hereof, it shall be the duty 
of the railway company, on whom devolves the duty of 
maintaining and operating same, to keep same securely 
closed at the approach of and during the passage of any 
railway train across the part of the street or sidewalk 
it is designed to protect; provided, same shall not be 
kept closed longer than five minutes at any one time, and 
any railway company violating the provisions of this ar- 
ticle shall be subject to a penalty of not exceeding fifty 
dollars, to be recovered as provided in preceding articles 
of this chapter. 

Article 681. Speed of Railroad Trains in City Lim- 
its. — Penalty. — It shall be unlawful for any engineer or 
other person in charge of a locomotive or train to run 
the same within the corporate limits of the city at a 
greater rate of speed than six miles per hour, and any per- 
son so offending shall upon conviction, before the recorder, 
be fined in any sum not less than twenty-five (25) nor 
more than one hundred (100) dollars. 

Article 682. Locomotive Bells Must be Kept Ring- 
ing. — It shall be the duty of every engineer or the per- 
son in charge of an engine to cause the engine bell to be 
rung continuously while the engine or cars are in motion, 
and every person, who shall fail to so do, shall be deemed 


254 


CHARTER AND ORDINANCES 


guilty of an offense, and shall be fined, on conviction 
before the recorder, in any sum not less than twenty- 
five (25) dollars, nor more than one hundred (100) dol- 
lars. 

Article 683. Jumping On and Off Railroad Trains 
While in Motion. — It shall be unlawful for any person, in 
this city, to jump off or on, cling or hang to, any rail- 
way engine or car while the same is in motion, said per 
son not being a paying passenger or an employee or an 
official of the railroad company; and any person vio- 
lating this article shall be fined, on conviction before the 
recorder, not less than five nor more than fifty dollars. 

Article 684. Boarding Train Without Business 
Thereon. — Any person who shall board any passenger, 
freight or other railway train, whether moving or stand- 
ing, for any purpose, and without in good faith intend- 
ing to become a passenger thereon, and with no lawful 
business thereon, and with intent to obtain a free ride 
on such train, however short the distance, without the 
consent of the person or persons in charge thereof shall 
be deemed guilty of a misdemeanor and 
upon conviction in the corporation court shall be pun- 
ished by a fine of not less than five nor more than one 
hundred dollars. 

Article 685. Soliciting Custom at Railroad Depots. 

— It shall be unlawful for any person or persons in any 
depot, or upon any depot platform of any railroad pas- 
senger depot in the city of Beaumont, to solicit or cry 
out for passengers or baggage for any hotel; railroad or 
other place, or for the carriage of such persons or bag- 
gage, hack, omnibus or other vehicle, and any person so 
offending shall be fined in any sum not less than five 
nor more than fifty dollars for each and every offense. 

Article 686. Baggage Masters May be Invested with 
Police Authority. — The several depot and baggage mas- 
ters on duty at the several railway depots in the city of 
Beaumont may be by the mayor invested with all the 
powers and authority of policemen for the preservation 


CITY OF BEAUMONT. 


255 


of good order at, in and about, their several depots, but 
may act as such only upon condition that their service 
in this behalf is without pay from the city. 

Article 687. Depot and Baggage Masters May As- 
sign Stations to Vehicles. — The said depot and baggage 
masters are hereby authorized and empowered to assign 
to the several omnibuses, carriages, hacks, drays and ex- 
press and baggage wagons, their proper station at the 
depots, looking only to the convenience of the passen- 
gers. 

Article 688. Penalty. — Any person guilty of a 
breach of any of the provisions of this chapter, unless 
otherwise provided shall be fined in any sum not less 
than one nor more than one hundred dollars. 

Article 689. Depot and Baggage Masters Must Take 
Oath, Give Bond, Etc. — No depot master or baggage mas- 
ter shall have the power to use or exercise the author- 
ity conferred by this chapter without having taken the 
oath prescribed for peace officers before the Mayor. He 
shall wear, conspicuously, a badge inscribed with the 
words “Special Police’ ’ and shall, at all times, be sub- 
ject to such reasonable regulations as may be made by 
the Mayor and Chief of Police or the city council. 

Article 690. Railroad Companies Must Make Nec- 
essary Drains, etc. — It shall be the duty of all railway 
companies, whose lines of road are now constructed or 
which may hereafter be constructed on or over any street 
or part of a street in the city of Beaumont, to make, con- 
struct and maintain, under the supervision of the Street 
and Bridge committee, and in accordance with the plans 
and specifications to be furnished by the city engineer, 
all such drains, culverts, waterways and ditches and 
such other connections as shall be deemed necessary by 
the said committee to properly drain the streets through 
or over which said railway line may be constructed, and 
to conduct the water outside the city limits. 

Article 691. Railroad Companies Must Keep Streets 
in Repair, etc. — It shall be the duty of each Railway Com- 


256 


CHARTER AND ORDINANCES 


pany whose lines of road are constructed, or may here- 
after be constructed, within the corporate limits of the 
City of Beaumont, to put in good repair and maintain in 
good condition on all streets or parts of streets through 
or over which its lines of road may run, and to keep the 
same free from obstructions of every kind which said 
repairs shall be made and constructed under the direc- 
tion and supervision of the Street and Bridge Committee 
and the City Engineer. 

Article 692. Railroad Companies Must Construct 
and Keep in Repair, Bridges, etc —It shall be the duty 
of each railway company to construct and keep in repair 
all bridges and crossings from curb line to curb line at 
the intersection of streets with the line of railway, and 
over all ditches, sewers* and culverts on the line of its 
railway, and to fill up and grade all sinks and gullies 
adjacent to or on the line of its road, which said work 
and improvements shall be done and made under the 
direction of the Street and Bridge Committee and City 
Engineer, and in such manner and of such material and 
at such points as may be required by it. 

Article 693. The Street and Bridge Committee to 
Have Plans Prepared. — It shall be the duty of the Street 
and Bridge Committee, whenever in their judgment any 
action is necessary to enforce the provisions of the three 
next preceding articles, to cause to be prepared by the 
City Engineer plans and specifications for such improve- 
ments of the character contemplated by said three pre- 
ceding articles, as they may deem necessary to be made 
by any person or corporation owning or operating a line 
of railway within the corporate limits of the city. Such 
plans and specifications, when so prepared, shall be 
submitted to the city council, together with a resolution 
declaring such improvements to be necessary, and di- 
recting that such person or corporation be notified to 
construct the same without delay, the same to be ap- 
proved and passed by the city council. Said plans and 
specifications shall be filed in the office of the city sec- 
retary. 


CITY OF BEAUMONT. 


257 


Article 694. Notice to Be Given —After such plans 
and specifications shall have been approved by the city 
council, and said resolution passed, it shall he the duty 
of the mayor to cause to be notified such person or cor- 
poration, by written notice, to begin said improvement 
within ten (10) days from the service of such notice. 
Said notice shall be accompanied by a copy of said reso- 
lutions, and contain a reference to said specifications, 
filed as aforesaid, and the same shall be authenticated 
by the certificate of the city secretary, and in case of a 
corporation, said notice shall be delivered to its chief 
officer or agent residing in the City of Beaumont. 

Article 695. Penalty for Failure to Make Required 
Repairs. — If any person or corporation shall fail, refuse 
or neglect to begin said improvements within ten days 
from the service of said notice, or shall neglect to com- 
plete said improvements within sixty days after such 
notice, such person or corporation shall be liable to a 
penalty of fifty (50) dollars for each day said failure or 
neglect shall continue, and it shall be the duty of the 
mayor to cause suit to be instituted in the proper court 
for the recovery of such penalty. 

Article 696. Prohibited from Blowing Whistles Over 
Five Seconds or Blowing out a Boiler. — All persons are 
prohibited from blowing any whistle on any locomotive, 
or single blasts therefrom within the limits of the city 
of Beaumont for a longer period of time than five (5) 
seconds, except when there is imminent danger of an 
accident. 

All persons are prohibited from blowing off or 
blowing out a boiler when crossing any public street, al- 
ley or other thoroughfare within the limits of the city 
of Beaumont. 

That each and every person violating any of the 
provisions of this article shall be fined in any sum, upon 
conviction, of not less than five dollars and not exceed- 
ing fifty dollars. 

Article 697. Crossings to be Opened When Blocked. 


258 


CHARTER AND ORDINANCES 


— By Yard Master. — If any railroad crossings are 
blocked when the fire alarm indicates that there is a fire, 
it shall be the duty of the yardmaster in charge of the< 
train of cars blocking the crossing, and the engineer in 
charge of the engine pulling the cars, and the watchman 
in charge of the crossing, to cause the said crossing to 
be cleared of cars at once, and to be kept clear of cars 
for a space of fifteen minutes, and the failure on the part 
of the yardmaster in charge of train of cars blocking the 
crossing, the engineer in charge of the engine pulling the 
cars, and the watchman in charge of the crossing to clear 
said crossing of cars at once and keep same clear for a 
space of fifteen minutes, shall constitute a misdemeanor 
and he shall be fined in any sum not less than ten dollars 
nor more than one hundred dollars. 

Article 698. Prohibiting Switching on Certain 
Streets. — It shall be unlawful for any locomotive engi- 
neer, fireman, foreman, switchman, yardmaster, conduc- 
tor or any other agent or employee for any railroad com- 
pany operating or participating in any manner in the 
operation, control or management of any locomotive or 
switch engine or other train or engine of whatever char- 
acter to switch freight cars on any railway in the City 
of Beaumont, at any point east of the west line of Or- 
leans street and south of the north line of College street, 
at its intersection with Railroad Avenue. 

Switching in this article shall be construed to mean 
the pulling or backing across, or the backing across and 
pulling up of any freight car or cars across the west line 
of Orleans street or across the north line of College 
street at its intersection with ailroad avenue, except that 
the doubling over of any car or cars of a through train 
from one track to another when handled by the road en- 
gine shall not be construed to be switching within the 
meaning of this article, when the train is too long to 
clear main line crossings if any, and the west line of 
Orleans street, or the north line of College street at its 
intersection with Railroad avenue. 

And it shall be unlawful for any person mentioned 


CITY OF BEAUMONT. 


259 


in this article, in the management or control of such 
trains as aforesaid, to make up their said trains and shift 
and switch freight cars in the preparation and making 
up of such trains at any point on their line east of the 
west line of said Orleans street or south of the north line 
of College street at its intersection with Railroad avenue, 
or to work thereat in any manner except as hereinbefore 
provided for, and for the purpose of carrying through 
trains across said Orleans street and across said College 
street, and for the further purpose of carrying cars to 
and from the different business industries located east of 
the west line of Orleans street or south of the north line 
of College street at its intersection with Railroad avenue, 
and the said above mentioned persons are prohibited 
from creating any unnecessary noise and disturbance in 
the business portion of the City of Beaumont, east of 
the Texas and New Orleans Railway Passenger Station 
when the same could be done further west in the 
railroad yards than the east line of the Texas and New 
Orleans Passenger Station. 

Article 699. Any person, or persons, agent or em- 
ployees, of any railway company, who shall violate or 
refuse to comply with any of the provisions contained in 
the last above preceding article shall be fined in any sum 
not exceeding two hundred dollars. 

Article 700. Requiring Railway Companies to Keep 
Separate Waiting Rooms for Whites and Negroes. — That 
each and every railroad company, owning and controlling 
a passenger depot within the corporate limits of this city, 
shall keep and maintain two separate and distinct wait- 
ing rooms for the accommodation of the traveling pub- 
lic, each with equal convenience and accommodations, 
one of which to be designated, set apart and used, ex- 
clusively for and by the white people, and the other to 
be set apart for and used exclusively by the negroes. 

Article 701. Shall Designate Each Room.— It shall 

be the duty of the agent of such railroad company, hav- 
ing the management and control of same, to designate 


260 


CHARTER AND ORDINANCES 


said rooms respectively, as follows: Over the front door 
intended for white people, there shall be placed a sign 
printed in plain letters bearing the words “ White Peo- 
ple’s Waiting Room,” and over that of the colored peo- 
ple’s waiting room the following: “Colpred People’s 
Waiting Room.” 

Article 702. Persons Must Resort in the Proper 
Room. — It shall be unlawful for any white person to oc- 
cupy the room set apart for the negroes, and for the 
negroes to enter or occupy the waiting room set apart 
for the white people, nurses and servants excepted. 

Article 703. Any person violating any of the pro- 
visions of the preceding three articles shall be fined in 
any sum not exceeding one hundred dollars. 

Article 704. Tracks to be Removed and Recon- 
structed When Ordered by Council. — That any steam 
railway company or street railway company now oc- 
cupying any paved streets or portion thereof, in the City 
of Beaumont, shall, when ordered by the city council, 
raise or remove its tracks from such paved street or por- 
tion thereof and reconstruct their road beds upon con- 
crete foundation according to the plan and specifications 
prepared by the City Engineer of the City of Beaumont. 
No steam railway company or street railway company 
shall hereafter occupy any paved street, or portions 
thereof in the City of Beaumont without constructing its 
road bed as provided in this article of this ordinance. 

r _Phat any street railway company or steam railway 
company occupying an}^ street or portion of street, 
in the city of Beaumont, ordered paved by the city council 
of the city of Beaumont, shall raise or remove its tracks 
from said street, or portion thereof, when ordered by the 
city council, to do so and reconstruct their roadbeds as pro- 
vided in this article, and any steam railway company or 
street railway company granted a right of way over, 
along or upon any street or portion thereof, in the City 
of Beaumont, when said street is so ordered paved by 
the city council, before the track of said steam railway 


CITY OF BEAUMONT. 


261 


company or street railway company shall have been laid 
such steam railway company or street railway company 
shall not occupy said street or portion thereof without 
constructing their roadbed in the manner provided for 
in this article. 

Article 705. Such construction to be under the City 
Engineer. Such construction or reconstruction of road- 
bed of any steam railway company or street railway 
company shall be under the supervision and to the sat- 
isfaction of the City Engineer of the city of Beaumont. 

Article 706. Procedure on Failure to Obey Such 
Order of Council. — If any steam railway company or 
street railway company shall fail or refuse to raise or 
remove its tracks from any streets paved, or ordered to 
be paved, by the city council of the City of Beaumont, 
as provided in the two preceding articles, the city coun- 
cil shall order the removal of the tracks and appurte- 
nances thereto from said streets, or portions thereof, and 
such steam railway company or street railway company 
shall not have the right to occupy the said streets or por- 
tions thereof, until it shall have complied with the pro- 
visions of this ordinance. But the city council may, at 
its option, have said work done under the supervision of 
the city engineer and charge the costs thereof to said 
railroad companies; and to recover such costs from the 
said company by suit, in any court of competent juris- 
diction. 

Article 707. Locomotives to be Supplied with Spark 
Arresters. — That all locomotives operated over, along 

and upon, ai\y street or portion of street in the 
City of Beaumont in which wood is used as a fuel, shall 
be furnished with good, sufficient and latest improved 
spark arresters. 

Article 708. Penalty. — Any person, or persons, cor- 
porations or receiver, trustee or agent, servant or em- 
ployee of such corporation, receiver or trusteees, violat- 
ing the provisions of next preceding article shall be fined 
in any sum not less than five and not more than twenty- 


262 


CHARTER AND ORDINANCES 


five dollars and each and every day that such locomotive 
shall he operated, without good and sufficient spark ar- 
resters, shall be deemed and constitute a separate offense 
and be punishable as such. 

CHAPTER XXXVII. 

STREET RAILWAYS. 

Article 709. Permission to be Obtained for Con- 
structing Street Railways. — No street railway company 
shall hereafter construct any line of street railway upon 
any street or portions of streets in the city of Beaumont 
until they shall have first obtained in writing the con- 
sent of the Mayor and City Council to do so. 

Article 710. Permission to be Obtained for Relaying 
Tracks. — No street railway or other railway company 
shall replace or put down any track or tracks which have 
been removed from any street for the purpose of having 
the same paved or otherwise improved withooit first ob- 
taining the written permission of the Mayor and city 
council, and shall also pay their pro rata portion of the 
cost of such improvements made on such street due at 
that time, in accordance with the terms of the city 
charter. 

Article 711. Tracks to be Removed and Reconstruct- 
ed on Order of Council. — That any street railway com- 
pany now occupying any paved street or portion thereof, 
in the city of Beaumont, shall, when ordered by the city 
council of the City of Beaumont, remove its track from 
such paved street or portion thereof, and reconstruct its 
road bed upon concrete foundation according to the plans 
and specifications to be prepared by the city engineer 
of the city of Beaumont, and no street railway company 
shall hereafter occupy any paved street or portion there- 
of in the City of Beaumont without constructing its road- 
bed as provided in this article of this ordinance. 

Article 712. That any street railway company, oc- 
cupying any street, or portion of street, in 
the City of Beaumont ordered paved by 


CITY OF BEAUMONT, 


263 


the city council of the City of Beaumont, shall re- 
move its track from said street or portion thereof when 
notified by the city engineer and reconstruct its roadbed 
as provided in this chapter, and any street railway com- 
pany granted a right of way over, along or upon any 
street or portion thereof in the city of Beaumont and 
which said street is ordered paved by the city council, 
before the tracks of said street railway company have 
been laid, such street railway company shall not occupy 
such street or portion thereof without constructing its 
roadbed in the manner provided in this chapter. 

Article 713. Such Construction Under City Engi- 
neer. — Such construction or reconstruction of the road- 
bed of any street railway company shall be under the su- 
pervision and to the satisfaction of the City Engineer 
of the City of Beaumont. 

Article 714. Procedure and Penalty Upon Failure 

to Remove, etc. — If any street railway company shall fail 
or refuse to remove its track from any paved street or 
portion thereof, when ordered by resolution of the City 
Council as provided in the two preceding articles, or 
shall fail or refuse to remove its tracks from any street 
ordered paved by the City Council of the City of Beau- 
mont as provided therein, the city council shall order 
the removal of the track and appurtenances thereto from 
said street or portion thereof and such street railway 
company shall have no right to .occupy the said street 
or portion thereof until it shall have complied with the 
provisions of this chapter. 

Article 715. Kind of Stringers to be Used— No 

street railway shall hereafter be permitted to use any 
other than stringers and ties made of heart red cypress or 
long leaf hqart pine. 

Article 716. Street Railway Tracks to be Main- 
tained on a Level. — It shall be the duty of every person, 
firm or corporation, owning or operating a street railway 

or ordinary railroad, on or over streets in the City of Beau- 


264 


CHARTER AND ORDINANCES 


mont, to keep and maintain all railway tracks owned or 
used by such persons, firm or corporation, unless oth- 
erwise especially authorized or directed by the city council, 
on a level with the surface of the street roadway occupied 
by such tracks, and such tracks shall be kept, and main- 
tained by the person, firm or corporation, owning or us- 
ing the same at all times and in all places in such man- 
ner with reference to said roadways as will not necessari- 
ly inconvenience, impede or interfere with, the public 
use of said streets. 

Article 717. Tracks to be Repaired. — When, from 
public travel or any natural cause, any portion of the 
roadway of a street next to or near the rail or rails of 
such track or tracks shall be removed, worn or washed 
away, so that such track or tracks will on account there- 
of unreasonably obstruct public travel and convenience, 
then it shall immediately become the duty of the per- 
son, firm or corporation, owning or using such track or 
tracks to cause such fillings to be made at such place 
or places, with the same material with which the road- 
way is there constructed, as may be necessary to obviate 
or prevent such obstruction, and to the end that travel 
upon and over the streets of Beaumont for ordinary pur- 
poses shall not be unnecessarily impeded by street car or 
ordinary railroad tracks. 

Article 718. Unlawful to Interfere with Motorman 
or Conductor. — Penalty. — That it shall be unlawful for 
any person, not authorized by the company owning the 
cars, to interfere with, hinder or impede any motorman 
or conductor on any electric street car in the City of 
Beaumont in the operation and management of said car. 
That any person violating this article shall be punished 
by a fine of not less than five nor more than twenty- 
five dollars. 

Article 719. Unlawful to Jump on and Off Cars. — It 

shall be unlawful for any person in the city of Beau- 
mont to jump off or on, cling or hang on, any electric 
street railway car while the same is in motion, said per- 


CITYG OF BEAUMONT. 


265 


son not being a passenger who bas paid his fare, or an 
employee, or an officer of the street railway company. 

Article 720. Penalty. — Any person violating the 
preceding article shall be fined on conviction before the 
city recorder, not less than one dollar nor more than 
twenty-five dollars. 

Article 721. Notice of Needed Repairs on Line of 
Street Railway. — It is hereby made the imperative duty 
of the Chief of Police, deputy chief of police, Street Com- 
missioner, and of police officers, who may notice or take 
cognizance of any hole, cut or washout, on any street cn 
which the Beaumont Traction Company or other street 
railway companies run their cars, and which hole, cut or 
washout, is or may be the means of impeding travel, by 
cause of the track of said company being higher or lower 
than the street, to immediately give notice to a local 
officer of said company to have the same repaired and 
placed at a proper grade, with gravel, sand or shell, or 
other proper material, to a distance of not less than two 
feet from either side of the track, and in such manner 
as that at any time any vehicle may cross said track 
without danger or inconvenience thereto. 

Article 722. Neglect to Make Repairs After Notice. 

— If after any local officer of said railroad company nas 
been notified to make any such repair, and the company 
shall fail or refuse to 'do so, he shall be liable to the pen- 
alty hereinafter imposed, and each day that such re- 
pairs are not made, after such notice, shall be a separate 
offense. 

Article 723. Street Railway Company to Keep 
Crossings in Repair. — It shall be the duty of the Beau- 
mont Traction Company, or other street railway com- 
panies having tracks upon the streets of the city of 
Beaumont, to keep up in good repair all crossings from 
curb to curb at the intersections of other streets over 
which their line of railway runs, at their own proper 
cost and expense. 


2 66 


CHARTER AND ORDINANCES 


Article 724. Steam Railway Companies and Street 
Railway Companies Must Construct and Keep in Repair 
Bridges, etc. — It shall be the dut\ v£ each steam railway 
company and street railway company to construct and 
keep in repair all bridge and crossings from curb to curb 
at the intersection of streets with their line of railway, 
and over all ditches, sewers and culverts on their lines 
and to fill up and grade all sinks and gulleys adjacent 
to or on the line of its road, which said work and im- 
provement shall be done and made under the direction of 
the Street and Bridge Committee and city engineer, and 
in such manner and of such material, and at such points, 
as may be required of it. 

Article 725. Electric Lights at Crossings. — It shall 
be the duty of each steam railway company and each 
street railway company operating trains or cars within 
the City of Beaumont, over and across the streets in said 
city, to illuminate such streets, at such points and places 
thereon, as shall be designated by the city council, of the 
said city, whenever said city council shall by resolution 
require such illumination. The lights therefor shall not 
be less candle power than the arc lights now in use by 
the city for the general street lights. 

Article 726. Penalty. — Any steam railway company 
or street railway company, person or corporation operat- 
ing a steam railroad or street railroad in the City of 
Beaumont, who shall fail to comply with the provisions 
of this chapter, shall be liable to a penalty of $15.00, 
the same to be recovered in civil suit brought in the name 
of the City of Beaumont, in either of the proper justice 
courts of Jefferson County, Texas, and each day’s failure 
to comply with this chapter shall constitute a separate 
offense and liability. 

Article 727. Steam Railway Companies and Street 
Railway Companies Must Make Necessary Drains. — It 

shall he the duty of all steam railroad companies, whose 
lines of road are now constructed, or which may here- 
after be constructed on or over any streets or parts of a 


CITY OF BEAUMONT. 


267 

street in the City of Beaumont, to make, construct and 
maintain, under the supervision of the Street and Bridge 
Committee, and in accordance with the plans and speci- 
fications to be furnished by the city engineer, all such 
drains, culverts, waterways, ditches, and such other con- 
nections as shall be deemed necessary by the said com- 
mittee, to properly drain the streets through or over 
which said railway lines may be constructed, and to con- 
duct the water outside the city limits. 

Article 728. Street and Bridge Committee to Have 
Plans Prepared. — It shall be the duty of the Street and 
Bridge Committee whenever in their judgment any act- 
ion is necessary to enforce the provisions of this chap- 
ter to cause to be prepared by the city engineer plans 
and specifications for such improvement of the character 
contemplated by said articles as they may deem neces- 
sary to be made by any person or corporation owning or 
operating a line of railway within the corporate limits 
of the city such plans and specifications when so pre- 
pared shall be submitted to the city council, together 
with a resolution declaring such improvements to be nec- 
essary, and directing that such person or corporation be 
notified to construct the same without delay, the same to 
be approved and passed by the city council. Such 
plans and specifications shall be filed in the office of the 
city secretary. 

Article 729. Notice to be Given After Said Plans 
and Specifications Shall Have Been Approved by the 
City Council and the Said Resolutions Passed. — It shall 
be the duty of the Mayor to cause to be notified such 

person or persons, by written notices to begin such im- 
provements within ten days from service of such notice. 
Said notice shall be accompanied by copy of said resolu 
tions and contain a reference to said specifications filed 
as aforesaid, and the same shall be authenticated by cer- 
tificate of the city secretary, and in case of a corporation, 
said notice shall be delivered to its chief officer or agent 
residing in the City bf Beaumont. 

Article 730. Penalty for Failure to Make Required 


268 


CHARTER AND ORDINANCES 


Repairs. — If any person or corporation shall fail, refuse 
or neglect, to begin said improvements within ten days 
from the service of said notice, or shall neglect to com- 
plete the said improvements within ninety days after 
such notice, said person or corporation shall he liable to 
a penalty of $50.00 for each day such failure or neglect 
shall continue and it shall be the duty of the Mayor to 
cause suit to he instituted in the proper court for the re- 
covery of such penalty. 

Article 731. Penalty for Failure to Comply with Any 

Ordinance. — That if any Street or other railway company 
shall fail or neglect to comply with any or di nance of the 
city relating to the use of streets by such railway company, 

it shall be proper for the mayor to cause to he delivered 
to one of the resident managing officers of such company 
a notice, in writing, calling the attention of such com- 
pany to the ordinance violated, and to the particular 
manner in which same is violated; and thereupon, unless 
such company shall, within ten days after the delivery 
of such notice, comply, in the particulars thus pointed 
out, with such ordinance violated, such company shall 
he liable to a penalty of one hundred dollars, and each 
day that shall elapse thereafter, before said ordinance 
shall he complied with, shall constitute a separate of- 
fense, and such penalty shall be collected in a civil suit, 
brought in the name of the city of Beaumont' against the 
company so offending, in either of the Justices Courts of 
Precinct No. 1, Jefferson County, Texas. 

Article 732. Prompt Compliance with Orders Re- 
quired. — It is hereby made and declared to he the duty 
of every person, firm or corporation owning or using 
such tracks in the streets of said city to immediately 
comply with all such reasonable commands, orders or 
directions, as may be given them, either by the mayor 
or city council of said city, relative to the performance 
of such acts on their part of any reasonable character 
whatever as may he deemed necessary to secure the end 
above mentioned. 

Article 733. If any person, firm or corporation shall 


CITY OF BEAUMONT 


269 


fail to comply with the provisions of this chapter or 
shall fail to comply with the terms or provisions of any 
ordinance of the city granting to such person, firm or 
corporation, privileges connected with the use of the 
streets in the City of Beaumont, such person, firm or 
corporation, where not elsewhere provided, shall be lia- 
ble to a penalty of one hundred dollars, the same to be 
recovered by a civil suit instituted in a court of compe 
tent jurisdiction, and each and every day’s neglect on 
the part of such person, firm or corporation to comply 
with the provisions of this chapter, or those of any ar- 
ticle granting such special privileges, shall constitute a 
separate offense. 

Article 734. Children Under Five to be Transported 
Free, When. — All such persons, firms, corporations or 
receivers are required to transport children of the age of 

five years, or less, when attended by a passenger above 

such age, free of charge. 

Article 735. Rates for Adults. — All persons, firms, 
corporations or receivers, owning, running, leasing or 
operating, street railways upon and over streets within 
the corporate limits of the City of Beaumont, Jefferson 
County, Texas, are required to carry passengers on said 
lines of street railway for a fare not to exceed the sum 
of five cents for passengers over the age of twelve years, 
for one continuous trip of any distance within the said 
city limits; provided, that nothing in any portion of this 
chapter shall be construed as an attempt to change the 
rate of fare fixed by an act of the Legislature of the 
State of Texas, regulating fares for children and students 
in certain cities and towns, approved April 10th, 1903. 

Article 736. Fares for Children Between Ages of 
Five and Twelve Years. — All persons, firms, corporations 
or receivers, owning, running, leasing or operating street 
railways upon or over the streets of said City of Beau- 
mont are required to carry children of five years of age 
or between the ages of five years and not exceeding 
twelve years of age, within said City of Beaumont, at 


270 


CHARTER AND ORDINANCES 


and for not exceeding one-half charge of fare regularly- 
collected on said cars for the transportation of adult 
passengers. 

Article 737. Must Furnish Books for Half Fare — 
It shall be the duty of said person, firm, corporation or 
receiver, so operating street railways in said city, to 
furnish and supply children of five years of age or be- 
tween the ages of five years and not exceeding twelve 
years of age, with tickets good for one fare of such child 
or children over any of its lines within the said City of 
Beaumont; said tickets to be sold by the officers and 
agents of said railway company at its office in the City 
of Beaumont in books of not less than ten tickets to said 
children, their parents or guardians; said ticket "d be 
good when presented by any child or children within 'be 
ages mentioned. 

Article 738. Students Transported at 2 1-2 Cents 
Going to and from School. — That any firm or corpora- 
tion now or that may hereafter be engaged in operating 
street cars in the City of Beaumont be and they are here- 
by required to transport any and all children not over the 
age of seventeen years, who are students in actual at- 
tendance upon any academic, public or private school 
situated within the corporate limits pf the City of Beau- 
mont for two and one-half cents a trip going to and 
from school. 

Article 739. Tickets for Students to be Provided in 

Book Form. — Such firm or corporation operating such 
street cars shall sell or provide for the sale of tickets 
in lots of twenty, each good when detached in the pres- 
ence of the conductor and presented by the student to 
whom the same were sold for one trip over the line or lines 
of the railroad operated by such firm or corporation in 
going to and from school. Such tickets are required to 
be sold only upon the presentation by the student, his 
or her parent or guardian desiring to purchase the same a 
written certificate of the principal of the school upon 
which the student is in actual attendance, shewing that 
such student is not more than seventeen years of age, 


CITY OF BEAUMONT. 


271 


and is in regnlar attendance upon such school such tickets 
tickets are not required to he sold such students and 
shall not he used except on the days on which such school 
or schools are in actual session, and such students shall 
be transported at such reduced fare only on the presen- 
tation of such tickets. Such tickets shall be placed on 
sale at some convenient place in the city to be desig- 
nated by such firm or corporation and shall not be re- 
quired to be sold at any other place. 

Article 740. Students Entitled to Same Rights as 
Others. — Students riding on such tickets shall be en- 
titled to the same rights as to the use of transfers as 
passengers paying full fare. 

Article 741. Penalty for Violating Above Articles. — 

Any officer of such firm or corporation or other person, 
who shall knowingly violate any of the provisions of 
the three preceding articles, shall, upon conviction, be 
deemed guilty of a misdemeanor and be fined not less 
than twenty-five ($25.00) dollars nor more than one 
hundred ($i00.00) dollars. 

Article 742. Penalty for Misrepresenting Age, or 
that Child is student. — Any person, who shall misrepre- 
sent the age of any student, or that such child is a stu- 
dent in regular attendance upon such school for the pur- 
pose of securing the reduced fare herein provided, shall 
upon conviction, be deemed guilty of a misdemeanor 
and be fined not less than twenty-five ($25.00) nor more 
than one hundred ($100.00) dollars,. 

Article 743. Must give Transfers. — That any person 
who has paid the fares provided for herein, or by the law 
passed by the Legislature of the State of Texas, here- 
inbefore referred to, shall be entitled to receive, and said 
person, firm or corporation or receiver owning, leasing 
or operating any street railway within the corporate 
limits of the City of Beaumont, as aforesaid, is required 
to give such person, a transfer ticket to any line of street 
railway owned, run, leased or operated by such per- 
son, firm or corporation or receiver, within said cor- 


272 


CHARTER AND ODINANCES 


porate limits of the City of Beaumont, which joins, con- 
nects with, crosses or intersects the line of street rail- 
way upon and over which said person has ridden, who 
has paid the fare provided by this chapter or by the 
law of the State of Texas before referred to, the said 
transfer ticket to be given such person on demand there- 
for, and said transfer ticket shall entitle such person, 
without further charge, to be carried on any such other 
line adjoining, connecting, crossing or intersecting, the 
line on which the fare was paid, as aforesaid, owned, 
run, leased or operated by such person, firm, corpora- 
tion or receiver, for a continuous trip of any distance 
on said line within the corporate limits of the said City 
of Beaumont, if passage be taken by the person holding 
the transfer on the first available car passing over the 
line named in the transfer after alighting from the car 
on the line on which the original fare was paid. 

Article 744. Cars Must Contain Notices of this Chap- 
ter. — Each and every car subject to the provi- 
sions of this chapter shall be provided on the inside 
with two or more conspicuous notices containing so much 
of above article relating to transfer tickets as may be 
necessary and it shall be the duty of every person, firm, 
corporation or receiver owning, leasing, running or op- 
erating, such street railways, and of each and every 
person in charge of or operating the cars 
thereof, to provide such notices in said cars as afore- 
said. 

Article 745. Penalty for Conductors Not Supplying 

Transfers. — Any person, firm, corporation or receivers, 
owning, leasing, running or operating, such street rail- 
ways within the corporate limits of the City of Beau- 
mont, or any manager or superintendent thereof, by fail- 
ing to sell the books of tickets herein provided for, or 
by refusing to permit any child between such ages to 
ride on such tickets,, or who shall violate any provision 
or provisions of Article 563 to 733 inclusive, shall be 
fined, upon conviction, not less than twenty-five and 
not more than one hundred dollars, and any conductor 


CITY OF BEAUMONT. 


273 


or other person in charge and control of any car violat- 
ing any of the provisions of this chapter, by refusing 
to deliver such transfer ticket, when demanded by a 
passenger entitled to same hereunder, shall be fined noi 
less than twenty-five nor more than one hundred dollars 
upon conviction. 

Article 746. Penalty for Failure to Supply Books. — 

Any manager, superintendent or other agent, who shall 
fail or refuse to provide and keep supplied at any and 
all times a sufficient number of such transfers and chil- 
dren’s tickets, as before provided, shall be deemed guilty 
of a misdemeanor, and on conviction, shall be fined in 
any sum not less than twenty-five dollars nor more than 
one hundred dollars for each and every offense. 

Article 747. Not to Apply to More than Two Lines. 

• — This article shall not be construed so as to require 
the transportation to be furnished to any person over 
more than two lines of a street railway for one fare. 

Article 748. Unlawful to Monopolize End Seats. — It 

shall be unlawful for any person or passenger to mon- 
olize the end of seats on street cars when other passen- 
gers seek seat thereon, and thereby force said passengers 
to push by or climb over them. 

Article 748. Must Move When Requested, — Each per- 
son or passenger who takes a seat on a street car in 
which the seats run crosswise shall, when another per- 
son enters, move further from the entrance to said seats, 
so as to make room for said person or passengers, and 
keep moving as passengers enter until the seat is filled. 

Article 750. Penalty. — Any person violating any of 
the provisions of the two preceding articles shall, on 
conviction, be fined not less than five dollars and not 
more than twenty-five dollars for each and every of- 
fense. 

Article 751. Street Cars Must be Vestibuled When 
Used from November to March. — That it shall be unlaw- 
ful for any street railway company or superintendent 


274 


CHARTER AND ORDINANCES 


or manager or receiver thereof, operating electric cars 
along the streets of the City of Beaumont, to knowingly 
allow any electric car of said company to run along any 
street in said city between the first day 
of November and the first day of March of any win- 
ter unless the front and rear platforms of said cars be 
protected from the inclemency of the weather by suitable 
and sufficient material to reasonably exclude the cold 
air, rain and snow. 

Article 752. Any manager, superintendent, or re- 
ceiver of such electric street railway company who shall 
violate any provision of the foregoing article shall be 
adjudged guilty of a misdemeanor and, upon conviction 
in the Corporation Court, shall be fined in any sum not 
less than ten dollars nor more than fifty dollars for each 
violation of this article, and each car being so run in 
violation of this article for any one day, or part thereof, 
shall be considered a separate offense. 

Article 753. Street Railways Must Provide Separate 
Compartments. — Every street railway company, lessee, 
manager, receiver or owner thereof, operating street 
cars in the City of Beaumont as common carriers of pas- 
passengers for hire, shall provide separate cars for the ac- 
commodation of white and negro passengers, which sep- 
arate cars shall be equal in all points of comfort and 
convenience. 

Article 754. How Divided or Partitioned. — Each 
compartment or division of a car, partitioned, divided 
or screened in a substantial way, and plainly separating 
the portion of the car to be used by each race shall be 
deemed a separate car within the meaning of the above 
article, and each separate car shall have in some con- 
spicuous place appropriate words in plain letters, in- 
dicating the race for which it is set apart. 

Article 755. Term “Negro’ ’ Defined. — The term 
“negro” as used herein includes every person of Afri- 
can descent, as the same is defined by the Statutes of the 
State of Texas. All persons not included in the definition of 


CITY OF BEAUMONT. 


275 


“negro” as above defined shall be deemed a white per- 
son within the meaning of this chapter. 

Article 756. Penalty for Failure to Provide Separate 
Compartments. — Any street railway company, lessee, 
manager or receiver or owner thereof which shall fail 
to equip and operate its system or road with separate 
cars for passengers, as above provided for, shall be liable 
for each and every failure to a penalty of not less than 
twenty-five nor more than one hundred dollars, to be 
recovered by the City of Beaumont by suit in any court 
having competent jurisdiction, and each trip run with any 
such car or string of cars without separate cars as herein 
defined shall be deemed a separate offense. 

Article 757. Conductors shall have Right to Refuse 
Passage. — The conductors on all separate cars herein de- 
fined shall have the authority to refuse any passenger 
or person the right to sit or stand in any separate car 
in which said passenger or person is not entitled to ride 
under the provisions and within the meaning of this chap- 
ter, and such conductor shall have the right also to remove 
from a car or division thereof any passenger not entitled 
to ride therein under the provisions of this chapter, and 
such person so removed shall not be entitled to return 
of any fare paid. 

Article 758. Penalty for Passengers Violating Fore- 
going Article. — If any passenger upon any street car 
provided with separate cars within the meaning of this 
chapter shall ride in any car not designated for his race, 
after having been forbidden to do so by the conductor in 
charge of said car, he shall be guilty of a misdemeanor 
and shall be fined, upon conviction, not less than five 
nor more than twenty-five dollars. 

Article 759. Do Not Apply to Nurses. — The provi- 
sions of this chapter shall not be so construed as to pro - 
hibit nurses from riding in the same car with their em- 
ployers, even though of different race, and shall not pro- 
hibit officers from riding with prisoners in their charge. 


276 


CHARTER AND ORDINANCES 


Article 760. Shall Not Apply to Special or Excur- 
sion Cars. — The provisions of this chapter shall not ap- 
ply to any excursion car or special cars strictly as such 
for the exclusive benefit of either race, but in all such 
cases said cars shall be plainly marked “ Excursion 
Car” or “Special Car.” 

Article 761. Prohibiting Misconduct on Street Cars. 

— That it shall be unlawful for any passenger in any 
car or coach of any street railway company to use pro- 
fane, vulgar or abusive language or to be guilty of any 
indecent, lascivious or disorderly conduct or to smoke 
any pipe, cigar or cigarette, or to drink any intoxicating 
liquor or to spit on the floor, seat, inside walls or plat- 
forms or to throw any peeling or trash of any kind up- 
on the floor of any car or to pla^e their feet on the seats 
of any car or coach of any street rail- 
way company, or to wilfully disturb the peace or con- 
venience of any other passenger or passengers being 
transported over or upon any car or coach provided that 
smoking upon the platforms is not herein prohibited. 

Article 762. Prohibiting Children Catching onto 
Cars While Moving. — It shall be unlawful for children 
under the age of 16 years to catch or attempt to catch onto 
or board any street car while the same is in motion. 

Article 763. Prohibiting Refusal to Pay Fare. — It 

shall be unlawful for any person other than an employee 
or officer of the street railway company to refuse to 
pay his or her fare when called upon by the conductor 
of such car to do so. 

Article 764. Prohibiting Obstructing or Disturbing 
Tracks or Cars. — It shall be unlawful for any person to 
throw, place or leave any impediment or obstruction of 
any kind upon the tracks of any street railway company 
within the limits of the City of Beaumont, or to deface, 
displace or disturb in any manner any car or coach, 
switch, track or other property belonging to said com- 
pany without the consent of the owners or agent thereof. 

Article 765. Prohibiting Delay of Cars by Riding 


CITY OF BEAUMONT. 


277 


or Driving on Tracks.— It shall be unlawful for any per- 
son by riding or driving upon the street railway com- 
pany’s track or by leaving any vehicle thereon to un- 
necessarily delay or impede the operation of a street 
car, but tiie car snail be entitled to tne tracK ana any 
vehicle upon the track shall be turned out, when any 
car approaches, so as to leave the track unobstructed; 
provided, that persons moving any article to or from 
any vehicle shall be allowed a sufficient and rea- 
sonable time to load or unload the same. Provided 
that in case of fire the Fire Department shall have the 
right of way and upon the approach of the Fire De- 
partment, the street car shall be brought to a dead stop 
except when on a crossing when the car shall, if pos- 
sible, clear the crossing and stop. 

Article 766. Penalty. — Any person who shall violate 
any of the provisions of the five preceding articles shall 
upon conviction thereof, be fined in any sum not less 
than one nor more than twenty-five dolars. 

Article 767. Cars to have Conductors and Motor- 
men. — Rate of Speed. — No street car shall be propelled 
or operated within the limits of the City of Beaumont, 
without having one conductor and one motorman thereon, 
provided that in case of emergency the Mayor shall have 
authority to issue a permit to operate cars without a 
conductor, said permit to contain such conditions or 
restrictions as the Mayor may deem necessary or ex- 
pedient. No car shall be propelled or run at a greater 
rate of speed than ten miles per hou^ within any portion of 
the following prescribed limits of the City of Beaumont, to- 
wit: 

The entire length of Pearl Street, and from Pearl 
Street to Park Street on College Street, and Pearl Street 
to Park Street on Milam Street, and at no greater rate 
than 15 miles per hour within the corporate limits not 
hereinabove described, and no car shall be propelled at 
a greater rate of speed than three miles per hour around 
any curve at street corners within the corporate limits 
of the City of Beaumont. 


278 


CHARTER AND ORDINANCES 


Article 768. Penalty — Any street railway company 
lessee, receiver or agent, superintendent or employee of 
sncli company who shall violate any of the provisions 
.of the foregoing article shall, upon conviction, be fined 
in any' sum not less than five dollars nor more than one 
hundred dollars. 

Article 769. Cars to be Provided with Head Lights. 

— The said cars shall be provided with good and suffi- 
cient headlights, which shall be kept burning from dark 
until so long as said cars are operated in the night. 

Article 770. Penalty. — Any street railway company 
or any agent, superintendent, or employee of such com- 
pany violating the provisions of the preceding article 
shall, upon conviction, be fined in any sum not less than 
five nor more than one hundred dollars, and the motor- 
man and conductor, as well as the railway company 
shall each be liable if the car in their charge is not pro- 
vided with a head light as in this section provided, and 
every trip made without a head light as herein provided, 
shall constitute a separate offense. 

Article 771. Cars not to Stop on Crossings. — Con- 
ductor Shall Sound Gong. — Penalty. — No street car shall 
stop on any crossing or any railroad track except to avoid 
accidents. All street cars shall be stopped and the bell 
or gong sounded at a distance of five feet from the in- 
tersection of any other street railway company’s track 
or any steam railway company’s track, and any motor- 
man, conductor or other person violating the provisions 
of this article shall, upon conviction, be fined in any 
sum not less than five nor more than one hundred dol- 
lars. 

Article 772. Other Provisions Applying to Street 
Railways. — The provisions, articles and penalties pre- 
scribed under the chapter on “Railways” which are ap- 
plicable to Street Railways and the regulation thereof 
and to persons in charge or employed thereby, and which 
ane not in conflict with the provisions of this chapter 
are hereby adopted and declared to apply to street rail- 


CITY OF BEAUMONT. 


279 


ways, and the regulations thereof, and to persons in 
charge thereof or employed thereby, as fully as if specifi- 
cally set out herein. 

CHAPTER XXXVIII. 

HACKS, CARRIAGES AND DRAYS. 

Article 773. Definition of “Carriage.” — The term 
“carriage” as used in this chapter, includes every kind 
of vehicle running upon wheels including bicycles, ex- 
cept where otherwise specially named. 

Article 774. Every Driver to See that his Vehicle 
has a License. — The driver of every carriage or other 
vehicle, subject to the payment of license due under the 
the provisions of this chapter, shall see to it that the 
vehicle he drives is licensed under a license to be issued 
by the Assessor and Collector of the City. 

Article 775. Record Number to be Kept. — The As- 
sessor and Collector shall keep a record in which he 
shall enter the names of all owners of carriages, and the 
number and date of each license. He shall furnish the 
owner of the carriage license with a number for his 
carriage, which shall be kept conspicuously fixed there- 
on. 


Article 776. License Fees. — The License fee per an- 
num shall be as follows, to-wit: For each and every 
dray, furniture cart, grocery or other delivery wagon, or 
other vehicle, on which a license jnay be charged, one 
($1.00) dollar. 

Article 777. How Long Shall Run. — All license dues 
above provided for shall run from the first day of Janu- 
ary one year to the first day of January next year. 

Article 778. License May be Transferred. — The li- 
cense above provided for may be transferred to the pur- 
chaser upon the sale of the carriage being made, bu t the 
Assessor and Collector shall be notified of such sale and 
transfer within five days after such sale and transfer 
being made, or the license is absolutely forfeited. 


280 


CHARTER AND ORDINANCES 


Article 779. Drivers Must Respond to Call. — The 

driver of every carriage, when unemployed, shall, on de- 
mand, go to any place in the inhabited part of the city, 
and there load his carriage, and shall not refuse to carry 
smch load to any other place in the city to which he may 
be required to go, upon his legal fare being tendered him. 

Atricle 780. What is a Load, — That a full load for 
a dray or cart shall not exceed twelve hundred pounds 
in weight, provided, that the above shall not apply to 
household furniture, pianos or trunks. 

Article 781. Charges Allowed. — The prices or rates 
to be charged by the owners, lessees, drivers or opera- 
tors of drays, wagons, trucks and other vehicles carrying 
freight or baggage for hire, within the limits of the 
City o.f Beaumont, shall not exceed those in the following 
schedule, viz: 

For a load conveyed to any place within one mile, 
twenty-five cents. 

For every load conveyed to any place exceeding one 
mile, at the rate of fifteen cents per half mile and twenty* 
cents per mile. 

For a load of household furniture on two-horse truck 
or wagon, within two miles, as per agreement. 

For one piano or organ, within two miles, as per 
agreement. 

For one trunk 'within one mile, twenty-five cents; 
within one and one-half miles, forty cents; within two 
miles, fifty cents. 

A mile as herein used is defined to be sixteen squares 
by the most direct route. 

The driver shall load and unload all freight, etc. 
hauled, and shall load and unload pianos and trunks, and 
place them where desired in house where delivery is 
made. 

Article 782. Shall Carry and Deliver Articles in Ac- 


CITY OF BEAUMONT. 


281 


cordance herewith, Penalty. — No owner, lessee, driver or 
proprietor of any of the vehicles named, licensed as re- 
quired by the ordinances of the City of Beaumont, who 
shall refuse to carry, within the said city, the baggage, 
goods, or merchandise of any person when applied to 
for that purpose, or having undertaken to convey such 
baggage, goods or merchandise, or other thing, shall omit 
or neglect to do so, or who shall state to, ask, take or ex- 
tort, from any person desiring to have, or having had, 
conveyed to any place in said city such baggage, goods 
or merchandise or other thing, as the price or rate of 
fare for such conveyance than that herein established, 
shall be deemed guilty of an offense, and shall be fined, 
upon conviction, not less than five dollars and not more 
than twenty-five dollars. 

Article 783. May Retain any Article Until Paid. — 
Disputes Settled How. — That every owner, lessee, driver 
or operator of any of the vehicles above named shall be 
entitled to be paid the legal rate or compensation pro- 
vided in this chapter immediately upon carting or trans- 
portation of any article or thing, and it may be lawful 
for any such owner, lessee, driver or operator of any 
such vehicle to retain any article or thing so carted or 
transported by him, for which he is not so paid the le- 
gal price or rate, until paid. All disputes or disagree- 
ments as to the distances or rates of compensation be- 
tween owners, drivers, lessees or operators of such ve- 
hicles and persons employing them shall be determined 
by the Chief of Police, or the person at the Police Sta- 
tion in charge thereof, and in the vent that the decision 
is against the person employing such vehicle, he shall pay 
the rate of prices for re-hauling same to destination, and 
if in his favor, the article or things shall be hauled to 
destination without other charge than the charge de- 
cided by the Chief of Police to be the proper charge for 
the original hauling. 

Article 784. Unlawful to Leave Carriages Unattend- 
ed and Unhitched. — It shall be unlawful for the owner 
or driver of any carriage, either public., or private, to 


282 


CHARTER AND ORDINANCES 


leave his carriage at any place in the city without leav- 
ing the animals attached to the same in charge of and held 
by some person over the age of ten years, or without hav- 
ing securely fastened said animals to some stationary 
object, or to a twenty-eight pound weight, so as to secure 
the same from running in the streets or obstructing the 
travel thereon. 

Article 785. How to Receive or Discharge Passen- 
gers or Freight. — All hacks, drays or other carriages 
shall have the right to drive or back to any sidewalk in 
the city, and remain there a reasonable length of time 
to receive or discharge passengers or freight, but it shall 
be unlawful to remain longer than a reasonable time to 
do so, or after the owner or occupant of the premises in 
front of which the carriage may be standing shall have 
requested the owner or driver of such carriage to move 
away. A reasonable length of time as contemplated in 
this article, is in no event to exceed thirty minutes. 

Article 786. Fast Driving. — It shall be unlawful for 
the driver of any carriage or other vehicle, either pub- 
lic or private, to drive through any streets of the city 
in a gait faster than six miles per hour, or to turn any 
corner at a gait faster than a walk. 

Article 787. Duty of Driver in Case of Collision. — 

If any accident or injury shall happen by reason of any 
collision of carriage with carriage, or carriage with* horse- 
men, or with other persons, it shall be the duty of the car- 
riage drivers mutually to stop and render all needful as- 
sistance, and upon being requested to do so, to give his 
name, place of abode, and the license number of his car- 
riage to the person so requesting. 

Article 788. Intoxicated Drivers.— It shall be unlaw- 
ful for the driver of any carriage or other vehicle to drive 
through the streets of the city while in a state of intox- 
ication, and it shall be the duty of the Chief of Police and 
any policeman to arrest such driver immediately, and 
take him from his carriage or other vehicle and take his 
carriage or other vehicle to the nearest livery stable. 


CITY OF BEAUMONT. 


283 


Article 789. Licensed Vehicle a Hack. — Every li- 
censed vehicle for the conveyance of passengers shall 
be considered a hack within the meaning and intent of 
this chapter. 

Article 790. Vehicles and Cars shall not Loiter. — 

Vehicles for hire and street cars shall not loiter or stop 
upon any street or avenue except at the regular public 
stands established by this chapter; provided, any such 
vehicle or car may stop at any place for the purpose of 
receiving or discharging freight or passengers, and pro- 
vided, that this article and this chapter shall not be con- 
strued as preventing such vehicles or cars from stopping 
when required to do so by any accident or conditions 
which may render it impossible for such vehicle or car 
to proceed; provided, this chapter shall not prevent the 
standing of hacks at the different depots when waiting 
for trains, the space in front of such depots being here 
established as public hack stands. 

Article 791. No Two Vehicles to Stand Abreast. — 

In no street designated as public stands for vehicles for 
hire, shall vehicles arrange two abreast, but shall stand 
near the curbs in single file, so as not to block access to 
other vehicles desiring to gain entrance to the doorways 
along said street. The first vehicle arriving at any stand 
shall have the first choice of the place, the second, the 
second place, and so forth. 

Article 792. Shall Take as Little Room as Possible. 

— Vehicles occupying said public stands shall, in taking 
their positions at such stands, do so with a view of per- 
mitting and allowing room for other vehicles to ap- 
proach and gain access to the sidewalks in front of all 
entrances to buildings fronting on said streets, and shall 
occupy positions as hereinbefore provided, in front of 
dead wall as nearly as possible. 

Article 793. Charges for Services.— The charge for 
the service of carriages, hacks, omnibuses and motor ve- 
hicles within the City of Beaumont, for the transporta- 
tion of passengers, shall not exceed those stated in the 
following schedule, namely : 


284 


CHARTER AND ORDINANCES 


Provided, that for children, not exgeeding two in 
number, under five years of age, accompanied by adults, 
no charge shall be made. 

Day rates (betwen 5 A. M. and 12 midnight). 

By the trip: One mile or less, one passenger, 50 
cents; each additional passenger in the same party to the 
same destination, 35 cents; each additional half mile or 
less, one passenger 25 cents ; each additional passenger in 
the same party to the same destination, 15 cents. 

Night rates (between 12 midnight and 5 A. M.) 

By the trip : One mile or less, one passenger, 75 cents ; 

each additional passenger in the same pai;ty to the same 
destination, 50 cents; each additional half mile or less, 
one pasesnger, 35 cents, each additional passenger in 
the same party to the same destination, 25 cents. 

By the hour: First hour, one or more passengers, 
$1.50 between the hours of 5 A. M. and 12 midnight; $2.00 
between the hours of 12 midnight and 5 A. M.; each ad- 
ditional quarter hour or part thereof, one or more pas- 
sengers, 25 cents day or night. 

When vehicles are not engaged by the hour, trip 
rates shall be charged. 

When charges for trip or trips exceed rates per hour, 
charges shall be paid by the hour. 

The driver of a public vehicle shall travel by the most 
direct route, and if he travels one mile or more, to 
make response to a call may charge an additional 25 cents 
therefor. 

Children between five and twelve years of age, one 
half rates, when accompanied by an adult or a full fare 
of one of the occupants. The driver of such vehicle may 
be entitled to make charge not to exceed 50 cents for 
each trunk; and each passenger shall be entitled to have 
conveyed without charge such other valises or small 
package as may be carried by hand. The driver shall 


CITY OF BEAUMONT. 


285 


load and unload all baggage, and check same if requested 
to do so, without additional charge. 

A mile, as herein used, is defined to he sixteen 
squares by the most direct route. 

Article 794. Must Have Card Showing Rates. — 

Every vehicle named in this chapter shall have perma- 
nently affixed to the interior thereof, in a place readily to 
be seen by passenger, a receptacle that shall contain at all 
times a card, upon which shall be printed the foregoing 
schedule of rates; and the number of the driver’s license; 
and no other cards, papers or things whatever shall be 
carried in said receptacle; the said receptacle and card 
must be approved by the Chief of Police. 

Article 795. Carriages Must Have Lamps and Num- 
bers Thereon. — It shall be the duty of the owner of every 
public hack and carriage to furnish each of such carriages 
with two lanterns, one to be placed on each side, and 
every yehicle named in this chapter shall have plainly 
indicated on the glass of its lamps, the number of its 
license and the figures of such numbers shall not be less 
than one and one-half and not more than two inches in 
height; the said number and its position upon the glass 
of the lamps shall be subject . to the approval of the 
Chief of Police. 

Article 796. May Accept Less Than Legal Fare. — If 

any owner, lessee, driver or operator of any of the ve- 
hicles herein named, shall agree, before being engaged, 
to accept less than the legal fare, he shall not afterwards 
demand more than the amount agreed upon. 

Article 797. Passenger Must Pay Legal Fare. — Any 
person who shall refuse to pay the legal fare, as pre- 
scribed in this chapter, for a vehicle that he has hired, 
shall upon conviction thereof be compelled to pay the 
owner, driver or lessee or operator of said vehicle an 
amount equal to the legal fare, and shall be fined not less 
than five dollars and not more than ten dollars; provided, 
that the payment of fare may be demanded in advance. 

Article 798. Must Carry Pasengers When Full Fare 


286 


CHARTER AND ORDINANCES 


is Tendered. — If any owner, driver, lessee or operator of 
any vehicle herein named shall refuse to convey a pas- 
senger, at the rates hereinbefore provided, or demand 
and receive an amount in excess of his lawful fare, he 
shall be liable to a fine as provided in this chapter and 
shall return to such passenger any amount he may have 
received in excess of the legal fare. 

Article 799. Carriages Must be Kept Clean and in 
Repair. — May be Condemned. — It shall be the duty of 
every owner or driver of a carriage for the conveyance 
of passengers and baggage to keep the same in a state 
of cleanliness and repair, with the floor and cushions 
carefully brushed. He shall keep the windows of the 
same in repair and should any window of the same be 
broken, he shall forthwith have it repaired, and it shall 
be unlawful for him to drive any carriage for the con- 
veyance of passengers until such repairs shall have been 
made, and any vehicle for the conveyance of passengers 
for hire, which is in an unsafe, unsanitary apd unsight- 
ly condition, may be condemned by the Chief of Police, 
or a committee designated by the Mayor to inspect same; 
and if the owner, driver, lessee or operator thereof shall 
continue to utilize said vehicle without having first made 
the same safe, sanitary and sightly, he shall be fined as 
provided herein. 

Article 800. Must Take Position Within Twenty 
Feet From Street Crossings. — Vehicles in taking posi- 
tions at stands shall take position at least twenty feet 
away from the crossings and intersections of cross 
streets, and parallel with the curbing. 

Article 801. Stands not for Exclusive Use. — The 

designation of certain portions of streets herein as public 
stands for vehicles for hire shall not be construed to 
grant to such vehicle the absolute and exclusive right 
to said portion of such street, but they shall always per- 
mit other vehicles desiring to approach the sidewalk on 
said street for the purpose of receiving or discharging pas- 
sengers or freight, or to transact other business with per- 
sons in any building fronting on said street to do so by 


CITY OF BEAUMONT. 


287 


making room for them, and that such other vehicle shall 
move ont just as soon as it has deposited its passengers 
or freight, or transacted its business, and permit the ve- 
hicle originally occupying such stand to have its place. 

Article 802. Carrying Invalids. — Duty in Certain 
Cases. — The owner or driver of any carriage for the con- 
veyance of passengers shall be at liberty to refuse to 
carry any invalid, even upon tender of his legal fare, 
whose appearances shall justify him in believing the dis- 
ease or sickness from which such invalid is suffering 
to be infectious or contagious. And should such owner or 
driver at any time have reason to belive that he has inad- 
vertently driven any person suffering from such dis- 
ease or sickness, he shall -forthwith report the fact to the 
Health Officer, with a view to have his carriage disin- 
fected, and at the same time, shall make known the ad- 
dress to which he drove such invalid. 

Article 803. Hacks at Depots. — All hacks at depots 
to meet trains shall drive to the curb or platform of such 
depot, and take their stand thereat with the back of 
their carriages or hacks stationed to the platform or 
curb in such way that both hind wheels of such carriages, 
vehicles or hacks shall rest squarely against the said 
curb or platform, and in conformity with the direction 
of the police officer stationed at such depot. 

Article 804. Unlawful Soliciting Defined. — It shall 

be unlawful for any other except the actual owner or driv- 
er of any hack, bus, baggage wagon, or other vehicle car- 
rying passengers or baggage to solicit custom for the 
same at any railroad depot in the city. It shall also be 
unlawful at any depot in the City of Beaumont, for driv- 
ers of hacks, ’buses or baggage wagons or other vehicles 
carrying passengers or baggage, or any runners for ho- 
tels or boarding houses, to leave their respective ve- 
hicles, or the place assigned to them by the depot offi- 
cers, to solicit custom, unless previously called upon by 
passengers or officers, or to call out in a loud or noisy 
manner to solicit custom on arrival of passenger trains at 
any railroad depot in the city. 


288 


CHARTER AND ORDINANCES 


Article 805. Prohibiting the Transportation of Cer- 
tain persons, Except to and from Depot and on Business, 
etc. — It shall be unlawful for the driver or owner of any 
carriage to haul or take as a passenger any common 
prostitute, bawd, or woman of notoriously lewd char- 
acter about and through the streets of Beaumont, pro- 
vided nothing in this article shall prohibit the carrying 
of such persons as passengers to and from the depots and 
to courts, where they have been summoned to appear, 
or where they go to make complaint, or to any other place 
where they may have lawful business. 

Article 806. Washing Hacks, etc. on Pavement.— It 
shad be unlawful for any owner .or driver of any carriage, 
hack, wagon or other vehicle to wash or clean the mud 
or dirt or filth of any character off their said vehicles 
on any street where the street is paved, and anyone violat- 
ing the provisions hereof shall be fined not exceeding 
tm dollars. 

Article 807. Penalty. — Any person, firm or corpor- 
ation, driver, agmit, drummer, owner, lessee, proprietor, 
motorman, conductor, chaffeur, or others, who shall vio- 
late any of the foregoing articles of this chapter, when 
not otherwise provided, shall on conviction be punished 
by a fine of not less than five nor more than one hundred 
dollars, for each and every offense. 

Article 808. Penalty. — If any person shall fail to 
conform to the requirements of the preceding articles or 
shah violate the provisions thereof he shall be fined not 
less than five nor more than one hundred doilais 

CHAPTER XXXIX. 

TRAFFIC REGULATIONS, RULES OF THE ROAD, 
REGULATIONS OF AUTOMOBILES AND 
OTHER VEHICLES. 

Article 809. Shall Keep to the Right. — All vehicles 
shall keep to the right of the center line of the street and 
as near the right hand curb as practicable. 


CITY OF BEAUMONT. 


289 


All vehicles shall keep close to the curb on the right, 
provided that a vehicle overtaking another shall go to 
the left of the overtaken vehicle in passing but it shall not 
turn out to the left unless there is a clear way of at 
least one hundred feet ahead on the left, free. 

Article 810. Turning to the Right.. — All vehicles 

turning to the right into another street shall turn the 
corner as near as practicable to the curb. 

Article 811. Turning to the Left. — All vehicles turn- 
ing to the left into another street shall pass to the right 
of, and beyond the center of the street intersection be- 
fore turning. 

Article 812. Crossing from One Side to Other. — All 

vehicles crossing from one side of the street to the other, 
shall do so by turning to the left so as to head in the 
same direction as the traffic on that side of the street. 

Article 813. Must Stop How. — No vehicle shall stop 
with its left side to the curb, and all vehicles when stop- 
ped shall stand parellel to the curb. 

Article 814. Shall not Stand Backed to Curb. — No 

vehicle shall stand backed up to the curb except when 
actually loading or unloading, and when a horse drawn 
vehicle is backed up to the curb, the horse or horses shall 
be turned so as to stand parallel with the curb and head- 
ed in the general direction of travel for the side of the 
street on which the vehicle is standing. 

Article 815. Shall not Stop Except at Curb, Ex- 
cept. — Unless in an emergency, or to allow another ve- 
hicle or a pedestrian to cross its path, no vehicle shall 
stop or stand in any public street or highway in the City 
of Beaumont, except close to the curb line, and not over 
twelve (12) inches therefrom. 

Article 816. Shall not Stop so as to Obstruct Cros- 
sing. — No vehicle shall stop for the purpose of taking 
up or setting down a passenger or unloading or loading, 
or for any other purpose, except in case of emergency, 
in such a way as to obstruct any street crossing. 


290 


CHARTER AND ORDINANCES 


Article 817. Shall not Stop at Intersection. — No ve- 
hicle shall stop and stand within the intersection of any 
two streets. 

Article 818. Street Cars to Stop at Far Side.— Street 
cars shall stop on the far side of the street at the crossing 
to discharge or receive pasesngers. 

* 

Article 819. Automobiles, etc. Approaching Stand- 
ing Car, to Slow Down. — When an automobile, other 
motor vehicle or any other character of vehicle what- 
soever approaches a street car which has stopped for the 
purpose of permitting passengers to alight therefrom or 
to get upon said street car, the said automobile, motor 
vehicle, or other vehicle, shall immediately slow down 
and pass said street car slowly and in a very cautious 
manner; and in turning any corner where cars are sta- 
tionary for the purpose of receiving or discharging pas- 
sengers, no such automobile, motor vehicle or other ve- 
hicle shall travel at any speed that may endanger persons 
alighting from or desirous of entering said street cars, 
which shall be considered reckless driving, and a viola- 
tion of this ordinance. 

Article 820. Vehicles Going North or South Have 
Right of Way. — On all public streets and highways of 
the City of Beaumont, all vehicles going in a northerly 
or southerly direction shall have the right of way over 
those going in an easterly or westerly direction. Pro- 
vided that officers and members of the Fire Department 
with their fire apparatus, when going to, or on duty at 
or returning from a fire, and all officers or men and 
vehicles of the Police Department and all ambulances 
when answering emergency calls, shall have the right, 
of way in any street and through any procession. Street 
cars shall have the right of way on their tracks between 
street intersections, and persons driving vehicles on 
the street car tracks shall immediately turn out on a 
signal given by the motorman. 

Article 821. Speed Limits. — It shall be unlawful for 
any vehicle operated on the streets or ways of the City 


CITY OF BEAUMONT. 


291 


of Beaumont, to go at a speed greater than that indicat- 
ed as follows: 

Beginning at a point where the north line of Mul- 
berry Street meets the river; 

Thence west with the north boundary line of said 
street to the east line of Main Street; 

Thence with the east line of Main Street to the inter- 
section of said line with the north line of Calder Av- 
enue ; 

Thence west on the north line of Calder Avenue to 
the intersection of the west line of Magnolia Avenue; 

Thence southward on the west line of Magnolia Av- 
enue and across the railroad yards of the T. & N. O. 
Bailway Company to the south line of Bonham Street; 

Thence westward on the north line of Bonham Street 
to the west line of Railroad Avenue; 

Thence southward on the west line of Railroad Av- 
enue to the south line of College Street; 

Thence eastward with the south line of College Street 
to the west line of Orleans Street; 

Thence southward with the <$vest line of Orleans 
Street to the river; 

Thence up the river to the place of beginning: 

Also in any cemetery or place of burial in said city, 
and also within any public park within said city; 

The speed limit shall not exceed eight (8) miles per 
hour. 

In other portions of said city the speed limit shall 
not exceed fifteen miles per hour; provided, that tn turn- 
ing any corner at any place within the city limits, the 
speed shall not exceed one-half of the legal speed upon 
said street; provided, further, that no person in charge 
of any vehicle upon any public street or way, within 
the City of Beaumont, shall drive at any speed greater 


292 


CHARTER AND ORDINANCES 


than is reasonable and proper and with due regard for 
the traffic and use of the public streets or so as to em 
danger the life, limb, or property of persons thereon. 
Provided, that nothing in this article shall apply to the 
Fire Department and Police Department of the City of 
Beaumont, nor to drivers of ambulances when answer- 
ing emergency calls. 

.Article 822. Automobiles to Have Lights. — Every 
automobile shall between one hour after sunset and one 
hour before sunrise carry two lights, one on each side 
of at least four (4) candle power, to be set in front of a re- 
flector, and one light on the rear left corner of vehicle, 
which latter light shall throw a white light on the number 
of such vehicle and a red light to the rear. 

Article 823. Bicycles and Motorcycles to Carry 

Lights. — Every bicycle or motorcycle shall carry a white 
light in front of at least two candle power and one light 
in the rear of such bicycle or motorcycle of not less than 
two candle power, which light shall throw a white light 
on the number of such vehicle and a red light to the rear, 
and every other vehicle shall carry one or more lights 
in front or on sides so as to be plainly visible at not less 
than fifty feet. Provided that the above provisions shall 
not apply when said vehicles are left standing on any 
street which is lighted sufficiently so that said vehicles 
could be easily seen at a distance of three hundred feet. 

Article 824. Vehicles Shall Not go on Sidewalks. — 

It shall be unlawful for any person to drive or propel 
any vehicle upon any sidewalk or to allow any vehicle 
driven or propelled by him or her to stand upon any side- 
walk. 

Article 825. Horses Shall Not be Hitched to Fire- 
plugs, etc. — It shall be unlawful for any person in charge 
of any horse or other domestic animal to tie or hitch 
such horse or other animal to any fire plug, United States 
mail box post or awning post. 

Article 826. Shall not Stand Longer Than 30 Min- 
utes on Pearl Street.— It shall be unlawful for any per- 


CITY OF BEAUMONT. 


293 


son in charge of any vehicle or domestic animal to allow 
said vehicle or animal to remain standing for a longer per- 
iod than thirty minntes on Pearl Street, between Calder 
and College Streets in the City of Beaumont. 

Article 827. Shall Give Signal Before Slowing or 
Stopping. — Every driver of a vehicle shall, before slow- 
ing up or stopping, give a signal to those behind by the 
voice or by the raising of the hand. 

Article 828. Warning to be Given Before Backing. — 

Before backing a vehicle to unload or load ample warn- 
ing shall he given by the voice or by the raising of the 
hand so as to prevent injury to those behind. 

Article 829. Shall Not Pass Through or Interfere 
with Procession. — No vehicle shall be driven through 
a procession, nor shall any vehicle remain on any street 
in such manner as to interfere with the passage of such 
procession. 

Article 830. Shall not Stop or Obstruct Crossings. — 

No vehicle shall stop or remain standing on any street at 
any street crossing in such manner as to obstruct free 
passage over such crossing. 

Article 831. Shall Not operate Automobile Without 
Registration and Permit. — Fees for Permits. — No person 
shall operate or propel any automobile or other motor 
vehicle in the streets or public grounds of the City of 
Beaumont, unless he shall first register under oath with 
the City Tax Assessor and Collector, j.n a suitable record 
kept for that purpose, his or her name', age, address and 
occupation, who shall thereupon issue to said applicant 
a non-transferrable permit or license, which shall be good 
until November 31st, thereafter. The City Tax Asses- 
sor and Collector shall collect from the applicant the 
sum of one dollar for performing said services, said 
money to be paid into the general fund of the city; pro- 
vided that the conviction of any person holding such 
license or permit, for the third time within twelve months, 
of a violation of any provision of this ordinance shall 
work an immediate cancellation of such license or permit, 


294 


CHARTER AND ORDINANCES 


and such person shall not be allowed to obtain or be en- 
titled to another license or permit for a period of six 
months thereafter. 

The license or permit above provided for shall be 
carried by the person to whom same is issued whenever 
he shall drive or operate any vehicle as provided in this 
article, provided that the Tax Assessor and Collector 
ghall have a badge to be worded as follows : 

License No 

Beaumont, Texas. 

the said number to correspond with the license or permit 
number taken out, and any person securing a license or 
permit may also secure a badge and wear same in place 
of carrying the license or permit as above provided. The 
Tax Assessor and Collector shall collect for said badge 
the sum of twenty-five cents. 

Article 832. County Numbers and Registration to 
be Exhibited. — The owner of any automobile shall be- 
fore operating same or permitting same to be operated, 
exhibit to the City Tax Assessor and Collector his certif- 
icate of registration from the County Clerk of Jefferson 
County and register with the City Tax Assessor and Col- 
lector, his name, residence and a description of the vehicle 
so owned and the City Tax Assessor and Collector shall en- 
ter his name, residence and description and number of 
his certificate of registration, in a record kept for that 
purpose. The said owner shall provide himself with a 
number corresponding to the reigstration number taken 
out by him from the County Clerk, which shall be com- 
posed of figures not less than six inches in height and of 
white or light color, and such shall be placed or caused 
to be placed by the owner of said vehicle on the rear of 
his vehicle and to be rigidly fastened to the bqdv in such 
manner that when the rear light of such vehicle is lit, 
the said number shall be plainly discernible at a distance 
of not less than fifty feet. The said figures, shall at all 
times be kept clean so that same shall be easily recog- 
nizable and shall not at any time be concealed or covered 


CITY OF BEAUMONT. 


295 


up but shall be kept in plain sight. The City Tax As- 
sessor and Collector shall collect from the owner of the 
vehicle the sum of one dollar. 

Article 833. Registration of Other Motor Vehicles 
Than Automobiles. — The owner of any motor vehi- 
cle other than automobiles shall, before operating 
same or permitting same to be operated, exhibit 
to the City Tax Assessor and Collector his cer- 
tificate of registration from the county clerk of 
Jefferson County, and register with the Tax As- 
sessor and Collector his name and residence together 
with a description of the vehicle ?o o^ned, and the City 
Tax Assessor end Collector shall enter such name and 
residence together with a descriolioa of the vehicle so 
owned, and *.l»e City Tax Assessor and Collector shall 
enter such name, residence, description and number of 
registration in such book to be kept for that purpose. 
The owner of such vehicle shall place or cause to be 
placed on the rear of his vehicle and rigidly fastened 
thereto in such manner as to be discernible at a distance 
of not less than thirty feet, a number as per his registra- 
tion, the figures of which shall not be less than three 
inches in height and of white or light color and shall at 
all times keep said number clean so that the same may be 
easily recognized and shall not at any time keep said num- 
ber concealed or covered up but shall always be kept in 
plain sight. The City Tax Assessor and Collector shall 
collect from the owner of said vehicle for carrying out the 
provisions of this paragraph, the sum of one dollar. 

Article 834. Registration of Sale of Licensed Vehi- 
cles. — The sale or transfer of a licensed automobile or a 
licensed vehicle shall be recorded by the parties making 
such sale or transfer in the office of the City Tax As- 
sessor and Collector, in a record kept for that purpose, 
within forty-eight hours after such sale or transfer takes 
place or has been consummated,, and shall jyay a fee of 
twenty-five cents therefor to the City Tax Assessor and 
Collector, for the use of the city, and a failure to do which 
shall render all such parties guilty of a violation of this 
ordinance. 


296 


CHARTER AND ORDINANCES 


Article 835. Vehicles to Stop for Freightened Ani- 
mals. — Any person, driving or operating an automobile, 
motorcycle, or other vehicle, shall, at the request or in 
response to a signal by any person riding or driving a 
horse or horses or other domestic animals, which show 
signs of fright, cause such vehicle or machine to come 
to a standstill as quickly as possible, and to remain sta- 
tionary long enough to allow such animal or animals to 
pass. 

Article 836. Noisy Vehicles Prohibited. — No per- 
son shall run or drive any motor car or other motor ve- 
hicle upon or over the public streets of this city, which 
has an unusually loud exhaust, or otherwise makes an 
unusually loud, uncommon or unnecessary noise. 

Article 837. Visitors Exempted From Provisions, 

When. — No person shall operate or cause to be operated 
an automobile or other motor vehicle upon any of the 
streets, alleys or public grounds of the City of Beau- 
mont, without complying with the provisions of this 
chapter; provided, that such provisions contained in the 
preceding third, fourth, fifth and sixth articles shall not 
apply to non-resident visitors for a period of five consec- 
utive days. 

Article 838. Unlawful to Enter or Meddle with 
Automobiles. — No person who is not the owner or the 
one who is in charge, except with the permission of such 
owner or person in charge, shall enter or meddle with or 
in any way handle any automobile, motor vehicle or other 
vehicle left on the streets or alleys of the City of Beau- 
mont. No person shall catch or hang on any vehicle ex- 
cept with the permission of the owner or person in charge 
of such vehicle. 

Article 839. Persons Under 16 Years of Age Cannot 
Operate. — No person shall drive or conduct any vehicle 
when required by this chapter to be licensed or num- 
bered, when such person is under sixteen years of age. 

Article 840. Shall Obey Orders of Police Officers. — 

It shall be the duty of every person driving, using or 


CITY OF BEAUMONT. 


297 


having the control of any vehicle or animal upon the pub- 
lic streets of this city, to obey the order of any police 
officer regarding the speed of any such vehicle or ani- 
mal upon any of the public streets of this city. 

Article 841. Policemen May Stop or Conduct Move- 
ment of Vehicles. — Any police officer may conduct the 
movement or order the stoppage of any vehicle or animal 
in the streets and alleys of this city, to the end that pe- 
destrians may cross same in safety. Slow moving ve- 
hicles shall keep as close to the curb line as possible so as 
to allow faster moving vehicles free passage on the left. 

Article 842. Shall Not Approach Within Ten Feet 
of Vehicle, When. — No person having charge of a vehicle 
shall allow the same to come within ten feet of any vehicle 
in front of him, when approaching or passing a crossing 
where a pedestrian is about to pass. 

Article 843. Shall Sound Signal When Turning or 
Approaching Crossing. — Drivers of automobiles and mo- 
tor vehicles shall in approaching a crossing or in round- 
ing a corner or a curve of a public street sound a signal 
in such a way as to give warning to other vehicles and 
to pedestrians of their approach. 

Article 844. Vehicles Must Stop for Pedestrians on 
Crossings and on Signal from Policemen. — Vehicles must 
stop so as not to interfere with or to prevent the pas- 
sage of pedestrians over crossings and at all times the 
drivers of vehicles must stop the same on a signal from 
a police officer. 

Article 845. Right of Way of Certain Vehicles. — 
The Police, Fire Department, Emergency Repair Wagon, 
United States Mail Wagon and Ambulances have the 
right of way in any street and through any procession. 

Article 846. Shall Stop Only at Curb. Except. — Un- 
less in an emergency or to allow a vehicle or pedestrian to 
pass, no vehicle shall stop in any public street except close 
to the curb, as provided hereinabove. 

Article 847. Shall Not Stop Abreast. — A person hav- 


298 


CHARTER AND ORDINANCES 


in g charge of a vehicle shall not stop the same abreast of 
another vehicle lengthwise of the street in any public 
street, except in case of accident. 

Article 848. Shall Not Refuse to Stop, etc., When 
Ordered by Police Officer. — No person having charge of 
a vehicle in a public street shall refuse or neglect to stop 
same or place same as directed by a police officer, any 
of these rules or ordinances to the contrary notwith- 
standing. 

Article 849. Horses and Vehicles Shall Not Go or 
Stand on Sidewalks. — No horse or vehicle shall be 
backed, led or stand on any sidewalk. 

Article 850. Vehicles Shall Not be Operated to Delay 
Traffic or Cause Accident. — No person shall conduct or 
drive any vehicle in such a condition, or so constructed 
or loaded as to be likely to cause delay in traffic or in- 
jury or accident to man, beast or property. 

Article 851. Vehicles With Sides Exceeding Ten Feet 
Prohibited, Except. — No person shall drive or convey 
through any public street any vehicle, the sides of which 
with its load, exceed ten feet, except in accordance with 
a permit from the City Council. 

Article 852. — Vehicles of Certain Length Pro- 
hibited. — No person shall in any public street use a dray 
or delivery wagon, the length whereof, from the end of 
the shaft to the extreme end of such vehicle, shall be 
greater than twenty-four (24) feet and six (6) inches, 
or a motor vehicle of greater length than twenty-six (20) 
feet, except in accordance with a permit from the City 
Council. 

Article 853. Load Sahll Not Exceed Six Tons, Un- 
less. — No person shall carry or cause to be carried on 
any vehicle, in any public street, a load, the weight of 
which exceeds six (6) tons, unless such load consists of an 
article which cannot be divided, except upon a permit 
from the City Council. 

Article 854. Drivers Shall Hold Reins in Hands, 


CITY OF BEAUMONT. 


299 


Etc. — No person when driving a vehicle with a horse or 
horses hitched thereto shall cease from holding the reins 
in his hands to guide and restrain same nor when not 
riding, cease from walking at the head of the shaft or 
wheel horse, either holding or keeping within reach of 
the bridle or halter thereof. 

Article 855. Loads of Metal, Etc. — Shall Have 
Sound Deadened. — No person shall load a vehicle with 
iron or other material that may strike together without 
properly deadening the sound so that it will not cause 
any unnecessary noise. 

Article 856. Pedestrians Shall Not Stand so As to 
Bother Traffic. — It shall be unlawful for any pedestrian 
to cross upon any street in such manner as to interfere 
with the traffic of the street. 

Article 857. Shall Not Frighten Horses, etc.— No 
person shall engage in any conduct upon any avenue or 
street or highway which shall be likely to frighten horses, 
injure passengers, or impair a passage of vehicles 
thereon. 

Article 858. Penalty. — Any person violating any of 
the provisions of this chapter shall be deemed guilty of 
a misdemeanor and upon conviction thereof in the Cor- 
poration Court, shall be fined in any sum not less than 
five dollars nor more than two hundred dollars. 

Article 859. Does Not Repeal Other Ordinances, Ex- 
cept. — Nothing in this chapter contained shall be con- 
strued as repealing any ordinance except so far and so 
far only as they shall conflict with the provisions hereof. 

Article 860. Shall Not Leave Vehicle in Front of Per- 
son’s Property Longer than Thirty Minutes Without Con- 
sent. — No person shall leave a vehicle hitched or standing 
in front of any person’s residence, place of business or 
property, for more than thirty minutes, without the con- 
sent of the owner or occupant of such property. 

Article 861. Intoxicated Persons Not to Operate Mo- 
tor Vehicles. — -No person shall in a state of intoxication, 


300 


CHARTER AND ORDINANCES 


drive or operate an automobile or motor vehicle upon the 
streets of the City of Beaumont. 

CHAPTER XL. 

ANIMALS AND BIRDS. 

Article 862. Stock Limits. — The running at large of 
horses, mules, jacks, jennets, cattle, sheep, hogs or geese 
within the limits of the City of Beaumont, Jefferson 
County, Texas, as is included within the following boun- 
daries, is hereby declared a nuisance, viz: 

Beginning on the right bank of the water’s edge 
of the Neches River where the center line of Carroll Av- 
enue in the Neches River Park Addition to the City of 
Beaumont strikes said river. Thence with the center 
line of Carroll Avenue to its terminus and continuing 
south to the south boundary line of the David Brown 
League. Thence west with the south boundary line of 
the David Brown League to the center of La Fayette 
Avenue on the West Cartwright Addition. Thence north 
on the center line of said La Fayette Avenue to its ter- 
minus and continuing in the same course to the inter- 
section with the south boundary line of the right of way 
of the old Beaumont, Sour Lake and Western Railway 
Company, now the Frisco Railway. Thence with the said 
boundary line to a point opposite to center line of Sev- 
enth Street extended south. Thence north to the inter- 
section of the center line of Seventh Street in the Oaks 
and Park dale Additions to the City of Beaumont. Thence 
continuing with the center line of Seventh Street to the 
intersection of the center line of Laurel Avenue. Thence 
west with the center line of Laurel Avenue to its intersec- 
tion with the center line of Eighth Street, in the Averill 
Addition to the City of Beaumont. Thence in a north- 
erly direction with the center line of Eighth Street, to 
the intersection with the center line of Evalon Street. 
Thence east with the center line of Evalon Street to the 
center line of Sixth Street. Thence northward, at right 
angles to Evalon Street, to a point on the west edge of 
the Santa Fe Railway right .of way. Thence in a north- 


CITY OF BEAUMONT. 


301 


westerly direction along the west line of the Santa Fe 
Railway right of way to a point opposite the center line 
of Caldwell Avenue extended west. Thence east on the 
center line of Caldwell Avenue to an intersection with the 
center line of Drake Street. Thence northward with the 
center line of Drake Street to an intersection of the cen- 
ter line of Plum Street. Thence eastward with the cen- 
ter line of Plum Street to the intersection with the center 
line of Gulf Street. Thence in a northerly direction with 
center line of Gulf Street to a point opposite the center 
line of Wiess Street extended southwest. Thence in a 
northeasterly direction to an intersection with the cen- 
ter line of Wiess Street. Thence eastward with the cen- 
ter line of Wiess Street to the intersection with the cen- 
ter line of Collier’s Ferry Road. Thence in a southwest- 
erly direction to its intersection with the center line of 
Cottonwood Avenue. Thence eastward with the old city 
line at Brake’s Bayou. Thence down Brake’s Bayou with 
its meanderings to the Neches River. Thence down the 
Neches River with its meanderings to the place of be- 
ginning. 

Article 863. Unlawful to Allow Animals to Run at 
Large Within the City Limits. — That it shall not be law- 
ful for the owner or keeper of any horses, mules, jacks, 
jennets, cattle, sheep, goats, hogs, or geese to permit the 
same to run at large within the corporate limits of the 
City of Beaumont as are included within the boundaries 
mentioned in the preceding article. 

Article 864. Public Pound. — Chief of Police Shall 
Establish. — It shall he the duty of the Chief of Police to 
establish a public pound in the city, at such places as may 
be designated by the City Council, where all animals 
of the above description are found running at large in 
violation of the above two preceding articles shall be re- 
ceived and taken care of. It shall be the duty of the Chief 
of Police to cause all horses, mules, jacks, jennets, cat- 
tle, sheep, goats, hogs and geese found running at large 
contrary to the provisions of the two preceding articles 
to be gathered and impounded in the public pound, and 
the Chief of Police shall sell the same at public auction 


302 


CHARTER AND ORDINANCES 


for cash, first giving five days public notice of the time, 
terms and place of sale, in some daily newspaper pub- 
lished in the City of Beaumont and by notice placed at 
the Court House door of Jefferson County, describing 
the animal impounded, and that a fee of one dollar shall 
be charged for each animal impounded, and all fees col- 
lected shall be remitted to the City Treasurer. 

Article 865. Method of Redeeming Impounded Ani- 
mals. — The owner of any animal or animals impounded 
as provided for in the preceding article, may redeem the 
same as follows: 

1. Before Sold. — By paying one dollar for each day 
same is taken up and kept, together with the cost of ad- 
vertising, if any, and one dollar impounding fee. 

2. After Sold. — By paying the purchaser double 
the amount bid for him for such animal or animals, and 
his reasonable expenses for keeping the same; provided, 
the owner redeems said animal, as herein provided, with- 
in thirty days after the date of sale, otherwise animal to 
become the absolute property of the purchase**. 

Article 866. If Not Sold, Shall be Killed.— If at the 

time of the sale no purchaser can be. found for any of the 
animals impounded under the provisions of the preced- 
ing articles, the Chief of Police shall kill all such animals, 
or cause them to be killed, and shall deposit the carcasses 
in such place as may be designated for such matter. 

Article 867. Exemptions. — This chapter shall not be 
so considered as to prevent any person or persons from 
bringing or driving any of the animals hereinbefore men- 
tioned into the city for sale, the same being under the 
immediate charge of themselves or their agents, nor shall 
it be so construed as to interfere with parties in transit 
through the city with any of said animals. Milch cows 
in charge of any person going or coming from pasture 
shall also be exempt from the operations of this chapter. 

Article 868. Unlawful to Display Live Stock on 
Streets for Sale. — It shall be unlawful for any person or 


CITY OF BEAUMONT. 


303 


persons to nse any street or streets of the City of Beau- 
mont as a place on which to display horses or other live 
stock for sale, or to sell the same on said street or streets 
in any manner that will create annoyance, or which will 
create inconvenience or nuisance to the public in the free 
and uninterrupted use of said street or streets. 

Article 869. Penalty. — Any person who shall be guil- 
ty of violating the above article shall, upon conviction 
before the Recorder of the City of Beaumont, he fined in 
any sum not less than twenty-five nor more than one 
hundred dollars, and each violation shall be deemed a 
separate offense. 

Article 870. Unlawful for Stabled Animals to Make 
Disturbance. — Penalty. — That any person who shall sta- 
ble to keep a horse or horses, mule or mules, or any other 
animal in the city limits, in such manner that said ani- 
mal, by stamping or kicking, creates such a n^ise as shall 
be a disturbance to those living in the vicinitv. shall be 
deemed guilty of a misdemeanor, and upon conviction 
before the Corporation Court, shall be fined in any sum 
not less than one dollar nor more than one hundred dol- 
lars. 

Article 871. Overloading, Abusing or High Check- 
ing Animals. — Whoever overdrives, overloads, drives 
when overloaded, overworks, tortures, torments, deprives 
of a necessary sustenance, cruelly beats, mutilates or 
kills any animal, or checks the same extremely high, oi 
causes or procures any animal to be so overdriven, over- 
loaded, overworked, tortured, tormented, deprived of nec- 
essary sustenance, cruelly beaten, mutilated or killed, or 
checked extremely high, and whoever having charge or 
custody of an animal, either as owner or otherwise, in- 
flicts unnecessary cruelty upon it, or unnecessarily fails 
to provide it with proper food, drink, shelter and protec- 
tion from the weather, shall be punished upon conviction, 
by a fine not less than five dollars and not more than one 
hundred dollars. 

Article 872. Owner Liable. — Every owner, possessor, 
or person having charge of any animal, who cruelly drives 


304 


CHARTER AND ORDINANCES 


or works it when unfit for labor, or cruelly abandons it, 
or drives it or causes it to be driven in or to a vehicle or 
otherwise, in an unnecessarily cruel or inhumane man- 
ner, or knowingly and wilfully authorizes or permits it 
to be subjected to unnecessary torture, suffering or cruel- 
ty of any kind, shall be punished in the manner provided 
in the preceding article. 

Article 873. Police Officer or Citizen Authorized to 
Uncheck Animals. — That any police officer or citizen of 
the City of Beaumont shall have the right to uncheck an- 
imals left checked upon the streets of Beaumont. 

Article 874. Bringing Diseased Animals into the Ci- 
ty. — Any person who knowingly brings into the city any 
horse or mule having glanders, nasal gleet, farcy, or other 
infectious or contagious disease, whereby the health or 
lives of other horses or mules shall be endangered, or who 
allows the same to run at large within the city may be 
fined not less than one nor more than one hundred dol- 
lars. 


Article 875. Selling Diseased Animals at Auction. — 

Any person who knowingly sells, at auction as an auc- 
tioneer or who causes, allows or procures to be sold by 
an auctioneer, any glandered or diseased horse or mule, 
whereby the health or lives of any other horse or mule 
shall be endangered, must be fined not less than one nor 
more than one hundred dollars. 

Article 876. Wounded Animals to be Killed — That 
when from any cause it may happen that any horse, mule, 
cow, calf, steer, goat, sheep, dog or other domestic ani- 
mal within the corporate limits of the City of Beaumont, 
shall be wounded, mained or injured, so as to render its 
recovery hopeless, then in that event it shall become the 
duty of the Chief of Police to kill or destroy, or cause 
to be killed or destroyed, such animal so injured, and as 
soon after such injury as practicable, and in such manner 
as in his judgment shall be the least painful, and to cause 
the carcass thereof to be removed to such place as may be 
set apart for such matter. 


CITY OF BEAUMONT. 


305 


Article 877. Chief of Police to Report Animals Kill- 
ed. — When it occurs that the Chief of Police shall kill 
or cause to be killed any animal named in the preceding 
article, by authority of said article, it shall become his 
duty to at once file with the City Secretary a report in 
writing of such killing, and said report shall show : 

First: A description of the animal killed, and the 
name of the owner thereof, if known. 

Second: The injury which made the killing neces- 
sary, and how same was inflicted, and by whom, if known. 

Third: The names of at least two reliable witnesses, 
who are conversant with the facts of the injury and the 
killing. 

Article 878. Using Animals or Vehicles Without 
Consent of Owner, etc. — Any person who takes or uses 
temporarily any animal or any vehicle for the transpor- 
tation of things or persons owned or controlled by an- 
other, without the consent or assent of such owner or per- 
son having the control thereof, or any servant or other 
person while in charge of such animals, who rides, drives 
or makes any improper use of the same contrary to the 
will or wishes of the owner or person having the custody 
or control thereof, shall be fined not less than one nor 
more than one hnudred dollars. 

Article 879. Driving Animals Over Bridges Faster 
than a Walk. — Any person who drives, or causes to be 
driven, any drove of cattle, horses or mules or any horse, 
mule or animal of like kind, over any of the public bridges 
in the city at a gait faster than a walk, shall be fined 
not less than one nor more than one hundred dollars. 

Article 880. Dogs not to Run at Large Without a 
License. — It shall be unlawful for any owner of any an- 
imal of the dog kind to permit such dog to run at large 
within the City of Beaumont without first having pro- 
cured a license from the Chief of Police. 

Article 881. License Tag and Fee. — It shall be the 
duty of the Chief of Police to furnish the owner of every 


306 


CHARTER AND ORDINANCES 


dog with a plate upon which shall be a number corre- 
sponding with the registration of the dog, and the Chief 
of Police shall charge therefor a license fee of two dol- 
lars for every dog and four dollars for every bitch per 
year. 

Article 882. Dogs Shall be Taken up. — Exception — 

It shall be the duty of the Chief of Police and the police- 
men to take up all dogs found running at large in the city 
between the first day of June and the first day of Octo- 
ber, except such as have the license plate issued by the 
Chief of Police, as provided for above. 

Article 883. Dogs Shall be Sold or Killed, When. — 

The dogs taken up as provided in the preceding article, 
shall be advertised for sale by said officer, by publishing 
notice thereof in a newspaper published in this city, said 
sale to be made not earlier than 48 hours after so taking 
up such dog, such notice to give the time and piace of such 
sale; provided should such officer be unable to dispose 
of such dog by such sale, he shall kill, such dog. 

Article 884. Disposition of Moneys Collected for 
Dogs. — All moneys collected from licenses for or sales 
of dogs shall be paid to the City Treasurer as may be 
provided by the City Council. 

Article 885. Vicious Dogs Not to Run at Large. — It 

shall not be lawful for the owner or custodian of any vic- 
ious dog to permit the same to run at large in the city. 

Article 886. Bitches in Heat Not to Run at Large. — 

It shall be unlawful for the owner or custodian of any 
bitch, when in heat, to permit the same to run at large. 

Article 887. Penalty. — Any person who shall violate 
either of the preceding articles of this chapter, relative 
to dogs, must be fined not less than ten nor more than 
fifty dollars. 

Article 888. Proceeds of Sale of Stock. — Any money 
received into the City Treasury from the net proceeds 
of the sale of impounded stock shall be paid to the owner 
thereof. Provided the same be called for within two 


CITY OF BEAUMONT. 


307 


thereof provided same be called for within two 
years from date of sale, if not so called for at the expir- 
ation of said two years shall revert to the city. 

Article 889. Pigeons. — It shall be unlawful for any 
person to keep or maintain any pigeon house, or place to 
keep pigeons or to keep or maintain pigeons for breeding 
or other purposes, within the city, except they be kept 
confined in a house or coop, and any person violating this 
article shall be fined not less than ten nor more than 
fifty dollars. 

Article 890. Unlawful to Sell Native Birds, Excep- 
tion. — It shall be unlawful for any person to barter, hawk 
or peddle or offer for sale on the streets of the city or 
elsewhere therein any wild fowls and birds for food. 

Article 891. Unlawful to Catch Wild Birds. — It shall 
be unlawful for any person to ensnare or catch by any 
means whatsoever any wild birds, old or young, within 
the limits of the city. 

Article 892. Penalty. — Any person violating either 
of the next two pereceding articles shall be fined not less 
than five nor more than twenty-five dollars. 

Article 893. Removal of Dead Animals. — That it 
shall hereafter be unlawful for the owner or person in 
control of an animal at the time of its death to allow 
the carcass of such animal to remain in or upon the 
street, alley, or other public or private place for a longer 
time than six (6) hours after its death, and any driver 
or other person using or controlling suc^l animal shall 
for the purposes of carrying out the intentions of this 
article, be considered the owner thereof. 

It shall hereafter be the duty of any railroad com- 
pany, or street railway company or any person, firm or 
corporation, their agents or employees who may. kill, 
main or wound any animal with in the city limits to re- 
move the same within six hours after such killing, main- 
ing or wounding, whether such animal was under the 
supervision and control of such person, firm or corpor- 
ation, their agents or employees at the time or not, un- 


308 


CHARTER AND ORDINANCES 


less the owner thereof shall within due time take charge 
of such animal and remove the same. 

Article 894. Penalty. — Any person, firm or corpor- 
ation, their agents or employees, who shall hereafter vi- 
olate any provision of the above article shall he deemed 
guilty ol N a misdemeanor, and upon conviction, shall be 
punished by a fine in the Corporation Court of the City 
of Beaumont not to exceed one hundred ($100.00) dollars 
and each and every day that said article is violated shall 
constitute a separate and distinct offense. 

CHAPTER XLI. 

EXPLOSIVES, STORAGE OF COTTON, ETC. 

Article 895. Gun Powder May be Kept. — It shall be 
unlawful for any person to keep in any store, dwelling, 
building or other place within the City of Beaumont gun 
powder, blasting powder, dynamite or other explosives, 
exceeding in quantity, twenty-five pounds. 

Article 896. Must be Kept in Tin or Metal Canisters. 

—When gun powder, blasting powder, dynamite or other 
explosives, are kept by retailers or vendors, the same 
shall be kept in tin or metal canisters with good and 
closely fitting covers thereon. 

Article 897. Persons Hauling Powder or Other Ex- 
plosives. — That vehicles employed to carry powder or 
other explosives about the city for storage, sale or dis- 
tribution, shall not carry more than two hundred pounds 
at one time, and said vehicles shall be so arranged as to 
effectively cover up and protect the kegs and packages 
from accidental fire. 

Article 898. Must Not Keep More Than Certain 
Amount of Oil. — That no person, firm or corporation 
shall* keep on hand for sale or otherwise, within the limits 
of the City of Beaumont in any one house or store, shop 
or building of any character, whatever, or on the prem- 
ises connected therewith more than fifteen gallons in all 
of gasoline oil, or more than one hundred gallons in all 
of kerosene or other oil or compound which is explosive, 


CITY OF BEAUMONT 


309 


or more than fifty gallons in all of turpentine, oil of 
vitrol, aqua fortis or other liquid of a combustible na- 
ture, unless in a fire proof magazine, the erection of 
which is permitted and recognized by the City of Beau- 
mont. 

Article 899. Shall Not Sell, Expose for Sale, Oil at 
Night. — That no person, firm or corporation shall sell or 
expose for sale any illuminating oil or gasoline in the 
night time by artificial light, such as candle or gas. 

Article 900. Penalty. — Any person violating any of 
the provisions of the next preceding five articles of this 
chapter shall be fined in any sum not less than ten 
dollars and not exceeding one Ipmdred dollars. 

Article 901. No storage of Explosives. — Except. — 

There shall not be stored in any place within the city 
without consent of Council, gun powder, giant powder, 
or dynamite, or kerosine oil, gasoline or other oils in 
greater quantity than may be determined by the Fire 
Committee and the Chief of the Fire Department, under 
penalty of a fine not less than fifty dollars nor more 
than one hundred dollars. 

Article 902. Mode of Conveyance. — -No person shall 
carry gun powder, giant powder, or dynamite or blasting 
powder, on any vehicle in any part of the city, unless the 
same shall be sufficiently well secured to prevent acci- 
dent therefrom. 

x^rticle 903. Nitro-Glycerine. — Nitro-glycerine shall 
not be conveyed through or stored in the City of Beau- 
mont under any circumstances. 

Article 904. Unlawful to Bring into the City Con- 
cealed Explosives. — It shall be unlawful for any person 
knowingly to bring within the corporate limits of the 
city any quantity of giant powder, gun powder, or dyna- 
mite, or blasting powder, concealed in any manner, or 
marked in any names, or purporting to be other than gun 
powder, giant powder or blasting powder. 

Article 905. Penalty. — Any person who shall violate 


310 


CHARTER AND ORDINANCES 


any of the three preceding articles of this chapter shall be 
fined not less than twenty-five nor more than one hun- 
dred dollars. 

Article 906. Where Cotton May be Stored. — Here- 
after it shall be unlawful to store or keep any cotton with- 
in the corporate limits of said city in any building or 
places except in ware houses established and recognized 
by the city authorities as warehouses for the storage of 
cotton. 

Article 907. Must be Guarded, Smoking Prohibited. — 

It shall be the duty of all warehouse men, in. storing cot- 
ton, or other inflammable material to have their ware- 
house properly guarded, day and night ; to allow no fire 
to be made therein, and to prohibit all smoking in or 
about such warehouses at any time. 

Article 908. Unlawful to Erect Buildings Without 
Consent. — It shall be unlawful to erect, build or use any 
store houses or private building within the corporate 
limits of the city for storage of cotton, unless the con- 
sent of the Council has been previously obtained there- 
for. 


Article 909. Penalty. — Any person who shall keep 
or store cotton in violation of this chapter shall be liable 
to be fined before the Recorder in the sum of five dol- 
lars for every bale of cotton thus stored or kept for each 
and every day it shall remain contrary to the provisions 
of this chapter, and any person who shall make or keep 
any fire, or smoke in any warehouse, shajl be punished 
by a fine of ten dolars for each and every such offense. 

Article 910. Duty of Chief of Police. — It is made 
the duty of the Chief of Police to have all cotton kept 
or stored in violation of the provisions of this chapter 
removed to some warehouse at the expense of the owners 
or custodians of such cotton. 

CHAPTER XLII. 

WATER COMPANY. 

Article 911. Charges for Water Supply. — The water 


CITY OF BEAUMONT. 


311 


rate charged by the Beaumont Water Company, its suc- 
cessors and assigns, for water supplied to consumers in 
this city, for whatever purpose the same may be fur- 
nished, shall not exceed fifteen cents per thousand gal- 
lons where meters are used, and where meters are not in- 
stalled and used, flat rates therefor shall be charged, and 
which flat rates shall not exceed the rates set out in the 
franchise granted to said Beaumont Water Company in 
the schedules thereof, as appears from said franchise in 
Chapter 15, of the franchises granted by this city and set 
out in the Revised Code. 

Article 912. Prohibiting Water from Hydrants Run- 
ning on Sidewalks. — It shall be unlawful for any person, 
firm or corporation to permit the water from any hy- 
drant situated upon premises owned or controlled by him, 
them or it, to run upon, or allow to be run upon, and 
cause to become muddy and wet any sidewalk or street 
of the City of Beaumont. 

Article 913. Penalty. — That any person, firm or cor- 
poration who shall violate any of the provisions of the 
foregoing article shall be deemed guilty of an offense, 
and upon conviction, shall be fined in any sum not ex- 
ceeding ten dollars. 

Article 914. Injuring Water Company’s Property. — 

Any person who unlawfully or maliciously injures, de- 
faces or destroys any reservoir, machinery, pipes, hy- 
drants or other fixtures belonging to the Beaumont Wa- 
ter Company, shall be fined not less than, one nor more 
than one hundred dollars. 

Article 915. Water Shall Not be Turned into the 
Streets. — All persons who open any water plugs or hy- 
drants are required to attach a hose to said hydrant when 
open, to runttie water into the ditches or gutters, and 
not to turn water into the streets. 

Article 916. Special Care on Paved Streets, etc. — 

On paved streets special care shall be taken in flushing 
out hydrants or washing out gutters; when flushing out 
hydrants there shall be one hose attached thereto, and 


312 


CHARTER AND ORDINANCES 


turned to discharge the water into the gutter, so as to 
prevent the washing of material out of joints in pave- 
ment. 

Article 917. Penalty for Violation. — Any person 
or persons violating the provisions of the above and fore- 
going articles shall be fined not less than twenty-five 
dollars nor more than one hundred dollars. 

Article 918. Public Hydrants. — Evei;y hydrant 
placed by the Beaumont Water Company in the City 
of Beaumont for the purpose of extinguishing fires, is 
hereby declared to be a public hydrant, and no person, 
other than the members of the Fire Department, the 
Health Department, and those authorized by the Water 
Company, shall open any of said hydrants, or draw or 
attempt to draw water from the same, or in any manner 
to interfere with the said hydrants. Any person offend- 
ing against the provisions of this article shall be fined 
not less than twenty-five nor more than one hundred 
dollars. 

Article 919. Turning on Water Without Permission. 

— Any person who shall turn on the water to any premises 
from which the supply has been turned off by the Water 
company without first having obtained a permit to do 
so from the company, shall be fined not less than twenty- 
five nor more than one hnudred dollars. 

Article 920. Interfering with Water Mains and 
Service Pipes. — Any person who shall, in any manner, 
interfere with any main or service pipes of the said Wa- 
ter company, without first obtaining permission from 
said water company, shall be fined not less than ten nor 
more than twenty-five dollars for each and every of- 
fense. 

Article 921. Obstructing Access to Hydrants, etc.— 

No person shall in any manner obstruct the access to any 
hydrant connected with any water pipe in any street, al- 
ley or common in said city, by means of any lumber. bric£, 
building material or other article, or by any hindrance 


CITY OF BEAUMONT. 313 

whatever, and any person so offending shall be fined ten 
dollars. 

Article 922. Water Company Required to Render 
Automatic Sprinkling Service.— That the Beaumont Wa- 
ter Company is hereby required to render service for 
automatic sprinkling apparatus installed in any/ of the 
buildings in the City of Beaumpnt, and in any of the 
buildings hereafter to be constructed, for the greater fire 
protection. 

Article 923. Water Company Authorized to Contract 
for such Service.— That the said Beaumont Water Com- 
pany is hereby granted the right and authority to con- 
tract with any person, firm or corporation, owning any 
building or buildings, for water service for such auto- 
matic sprinkling apparatus; and in such contract shall 
have the right to eliminate any liability upon its part 
to such person, firm or corporation for damages of any 
character arising out of, or incidental to such automatic 
sprinkling service; provided, that the City Council shall 
have the right to fix reasonable rules, regulations and 
rates governing such service. 

Article 924. Automatic Sprinkler Not Connected 
with Water Main, Unless. — No automatic sprinkling ap- 
paratus shall ever be connected with any water main un- 
less there be placed at or near such connection a stand- 
ard gate valve with cover; all of which shall be done at 
the cost of the party installing such service; and no such 
connection shall be made until after the location of such 
connection and the standard gate valve shall have been 
agreed upon by the Fire Chief of the City of Beaumont 
and the owner of such building or buildings, and ratified 
in writing by the Fire Committee of the City of Beau- 
mont, and such ratification shall be filed with the City 
Secretary; provided further, that there shall be a stand- 
ard gate valve with wheel on the connection into the 
building, to be placed at the most convenient point, all 
to be installed at the cost of the owner of said building. 

Article 925. Not to Affect Water Company’s Fran- 


814 


CHARTER AND ORDINANCES 


chise. — The rendition of any automatic sprinkling service 
as herein provided for by said Beaumont Water Company 
to any person, firm or corporation, and the resultant ef- 
fect of such automatic sprinkling service upon the quan- 
tity of water in the public fire hydrants shall never at 
any time, when the automatic sprinkling apparatus is in 
operation, be considered a breach of any of the provi- 
sions of its franchise, expressed or implied, with the City 
of Beaumont. 

CHAPTER XLIII. 

UNDERGROUND PIPES. 

Article 926. Water and Gas Mains . — All water mains, 
gas mains or other main or pipes hereafter laid down 
in the streets of the city, and all extentions of or branches 
from those, heretofore laid down, shall be laid along 
the sidewalks of the city at such points as shall be di- 
rected by the Mayor and City Engineer, not less than 
one foot from and within the outer line of the curbing. 

Article 927. Laid Under Direction of Engineer. — 

Said mains or pipes shall be laid under the direction of 
the City Engineer, and subject to such health or other 
regulations of the city as may have been heretofore, or 
which may hereafter, adopted, and shall be paid not 
less than two (2) feet below the surface of such grades 
as now or may be established by the City Engineer. 

Article 928. Laying of Extensions. — When it shall 
be desired to extend any street main now laid down, or to 
lay any branch main therefrom, such extension branch 
shall be conducted within the line of one of the sidewalks 
of the street along which such branch extension is pro- 
posed to be laid, and there laid in accordance with the 
requirements of this chapter. 

Article 929. Crosses and Connections. — When any 
additional main, or any branch or extension, is laid down, 
pipes on each block shall be connected with a pipe con- 
nected with and in continuation of said cross or connect- 
nect the same with the opposite side of the street, and 


CITY OF BEAUMONT. 


315 


sufficient in size to supply each block, and (in case of 
water main) the fire hydrants, if any, and said cross or 
connecting mains, shall be laid to and within the lines 
of the sidewalk of such opposite block, and all service 
pipes on each block shal be connected with a pipe con- 
nected with and in coninuation of said cross or connect- 
ing main, which extension shall be laid along and under 
the sidewalk. 

Article 930. Connections, etc. to be Laid on Streets 
to be Paved. — Upon all streets now paved, or which may 
hereafter be paved, and along which water or gas mains 
are now laid, there shall be laid by the water and gas 
companies, upon written notice from the Mayor and 
Street and Bridge committee, and before the paving is 
laid, cross or connecting mains* to be laid from the street 
mains to within the line of sidewalk at each block and to 
both sides of the street and all service pipe thereafter 
shall be laid connected with same, as provided in the 
next preceding article. Such notice shall be given to 
the president, vice-president, secretary or general mana- 
ger or superintendent of said company. 

Article 931. Unlawful to Excavate in Streets. — Ex- 
ceptions. — That hereafter it shall be unlawful to make 
any excavation (except to make necessary repairs on 
mains) or to lay any gas or water pipe or main or ser- 
vice pipe upon or along any street of the city save within 
the sidewalks as hereinbefore provided in this chapter; 
but this shall not apply to service pipes to connect with 
mains laid upon parts of streets which have been paved 
prior to April 1st, 1910, nor to parts of streets now paved 
nor to the crossings of streets in laying down new mains, 
or extensions or branches from those now laid down. 

Article 932. Application for Laying Pipes, etc. — Ap- 
proval of Health Officer. — That it shall be unlawful to 
lay any water or gas mains, or other pipes or mains, ex- 
cept in the manner provided for in this chapter, and it 
shall be unlawful to make any excavations for any pur- 
pose or to lay any pipe in the streets or sidewalks of the 
city until application shall first have been made in writ- 


316 


CHARTER AND ORDINANCES 


ing to the City Engineer, stating where it is proposed to 
make said excavations and lay said pipe, and the be- 
ginning and terminal points thereof, which application 
shall receive the approval of the Mayor, and if such ex- 
cavation is to be made within the time prescribed, then 
said application mnst first be approved by the Health 
Officer of the City of Beaumont and said application 
shall be filed in the office of the City Engineer, and there 
preserved as an archive of said office. 

Article 933. Penalty. — Removal of Pipes, etc. — Any 

officer, receiver, trustee, lessee, agent, or manager of any 
corporation, or any person who shall wilfully permit or 
suffer to be done any act or thing in this chapter pro- 
hibited or declared to be unlawful, or who shall aid or 
abet therein, or who shall wilfully fail to do any act, mat- 
ter or thing herein required to be done, or shall cause 
or wilfully suffer or permit any act, matter or thing di- 
rected or required by this chapter to be done, not to be 
so done, or shall aid or abet any such omission or failure 
or shall be guilty of any violation of this chapter, or 
shall aid or abet therein, shall be fined in any sum not 
more than one hundred dollars, and each day of the con- 
tinuation of such violation shall be deemed a separate 
offense. All mains and pipes laid in violation of the pro- 
visions of this chapter shall be deemed unlawful obstruc- 
tions of the streets, and shall be summarily removed by 
the Chief of Police. 


CHAPTER XLIV. 

PAWNBROKERS, ETC. 

Article 934. Pawnbrokers to Keep Record of Trans- 
actions in Books Furnished by City. — It shall be the duty 
of the Mayor to purchase a suitable number of books 
for the use of pawnbrokers and all second hand dealers 
hereinafter specified, at a cost not to exceed two hundred 
dollars. It shall be the duty of such persons engaged in 
the business of pawnbroking, or as a pawnbroker or sec- 
ond hand dealer, or who may hereafter engage in the 
business of pawnbroker or second hand dealer in the City 


CITY OF BEAUMONT. 


317 


of Beaumont, to procure of the City Secretary and keep 
on hand one of said books, and make or cause to be made 
therein a record of the subjects prescribed, and keep and 
have said book at all times open to inspection of the May- 
or or Chief of Police, and it shall be his duty to exhibit, 
to the Mayor or Chief of Police or any officer designated 
by either of them for that purpose, said book or any other 
article or articles entered on said book whenever de- 
manded by said Chief of Police or said officer designated 
by him. 

Article 935. Mayor or Chief of Police May Examine 
Books of Dealers.— All second hand dealers shall be re- 
quired at any and all times to allow the Mayor or Chief 
of Police, or any officer designated by him for that pur- 
pose, the privilege of examining all and whatever articles 
he may have in his store, to ascertain whether or not 
said articles are stolen property. 

Article 936. Character of Such Books. — Secretary to 
Keep Record. — Such book or books herein provided for 
shall be well bound and properly ruled and shall be mark- 
ed 4 4 Pawnbrokers and Second Hand Dealer’s Book” and 
shall be furnished to any pawnbroker or second hand 
dealer of said city free of charge by the City Secretary 
on his application therefor, and said secretary shall keep 
a record of all books so furnished. 

Article 937. Records of Articles to be Kept by Deal- 
ers. — Every person engaged in business as Pawnbroker 
or Second Hand Dealer shall make or cause to be made in 
such book so furnished a description as full as may be 
of any and all articles, and the date received by him in 
the course of said business, and also affix a number to 
the same, and shah duly make entry of such number and 
description in said book and also the name and residence 
in full of any person or persons making a deposit or sel- 
ling such article or articles; and in no case shall the name 
be omitted; and entry shall also be made in said book 
of the amount of loan or purchase paid upon the articles 
numbered, or to be numbered as aforesaid. 


318 


CHARTER AND ORDINANCES 


Article 938. Penalty. — Should any pawnbroker or 
second haiid dealer or any person engaged in the business 
as such within the corporate limits of the City of Beau- 
mont, or who may hereafter engage in such business in 
said city, fail, neglect or refuse to comply with the pro- 
visions hereof, or any of them, such person shall be fined 
in a sum not less than twenty-five nor more than one hun- 
dred dollars, and each day that such person shall so fail, 
neglect or refuse to comply with the provisions hereof, 
shall be deemed a separate offense in violation of this or- 
dinance, and punishable as such. 

Article 939. Shall Not Take Pledge from Minors. — 

It shall be unlawful for any pawnbroker or second hand 
dealer to purchase or take in pawn or accept as pledge any 
article of value from a minor. 

Article 940. Exception to Foregoing Article. — It 

shall be a defense of the offense prohibited by the pre- 
ceding article, if when said purchase is made or said pawn 
or pledge is taken, the person making such purchase or 
taking such pledge or pawn then and there first has 
written consent of the parent or guardian of such minor 
or some person standing in the place or stead of parent 
or guardian of said minor. 

Article 941. Shall Ascertain from Whpm Articles 
were Obtained. — It shall be the duty of every person, 
whether he be acting for himself or as agent or employee 
of some other firm, person, or corporation who shall buy 
or otherwise obtain from another person or persons any 
goods, wares, merchandise or junk, to inquire and obtain 
from his or their vendor or vendors, the name, sex, na- 
tionality, and place of residence of the person or persons 
from whom the person or persons offering said goods, 
wares, junks, or other merchandise for sale, obtained the 
same, together with the name,, nationality and residence 
of the person or persons selling the same. 

Article 942. All Persons to use Books, Whether 
Dealers or Occasional Purchasers.— It shall be the duty 
of every person, firm or corporation who may deal in 


CITY OF BEAUMONT. 


319 


junk, either as a business or as a mere occasional pur- 
chaser of the same, to provide a well bound book at his 
place of business, in which shall be entered the infor- 
mation obtained under the requirements under the fore- 
going section, together with full and complete descrip- 
tion of all junk so bought or otherwise obtained for or 
by said person, firm or corporation, either by lot or sep- 
arate article, as may be most practical and convenient. 

Article 943. Unlawful to Act Without Such Books. — 

It shall be unlawful for any person to act as agent or 
employee in obtaining junk from any other person, firm 
or corporation, who does not keep a book as required 
by the articles of this chapter. 

Article 944. Said Books Subject to Inspection of 
Officers. — Said book, required herein, shall be kept sub- 
ject to the inspection, at all times, of the officers of the 
City of Beaumont and other officers of Jefferson Coun- 
ty, in said State of Texas. 

Article 945. Data to be Entered in Book Immediate- 
ly. — It shall be the duty of every person buying or other- 
wise obtaining such junk, whether acting for himself or 
as agent or employee of some other person, firm or cor- 
poration, to immediately and in person enter or cause to 
be entered in said book the information and description 
of said junk elsewhere provided for or required by this 
chapter. 

Article 946. Price of Article to be Entered in Book. 

— It shall be the duty of such person to enter or cause to 
be entered in said book the price paid for such lot or pur- 
chase of said junk. 

Article 947. Shall Safely Keep Articles Separate 

— It shall be the duty of the person, firm or 
corporation for whom any such junk is bought or other- 
wise obtained to safely keep each lot separate and apart 
from other articles, so that the same can be fully identi- 
fied, l:or fifteen lull days after the same is purchased nr 
obtained, and the same sUall upon demai'd of any officer 


320 


CHARTER AND ORDINANCES 


of the City of Beaumont be shown io him by the person 
in charge of the same. 

Article 948. Seller to Enter Name of Purchaser in 
Book. — The person selling said junk shall also enter in 
the book herein provided for, the name and residence of 
the purchaser. 

Article 949. Meaning of Junk. — The work “Junk,” 
when used in this ordinance, shall, in addition to its gen- 
eral meaning, be held to include and mean garden hose 
and lawn sprinklers. 

Article 950. Scrap Iron Excluded From. — Articles 
consisting wholly of scrap iron are excluded from the re- 
quirements of this ordinance. 

Article 951. Return of Books to Secretary upon Re- 
tiring or Leaving City. — In the event that any pawnbrok- 
er, second hand or junk dealer or dealers retires from 
business or leaves the city, it shall be his duty to return 
to the City Secretary the said record book obtained from 
said secretary, and his successor in business, if any, shall 
be required to secure a record book from the secretary, 
as provided in this chapter. 

Article 952. Penalty. — Any person, firm or corpor- 
ation, or the manager of any corporation, who shall vio- 
late any of the provisions of this chapter, shall be deem- 
ed guilty of a misdemeanor and .upon coviction in the 
Corporation Court of the City of Beaumont, be fined in 
any sum not less than twenty-five ($25.00) dollars nor 
more than one hundred ($100.00) dollars. And each day 
that any person shall so fail, neglect or refuse to com- 
ply with the provisions ,hereof shall be deemed a separate 
offense. 

CHAPTER XLV. 

FIRE ESCAPES— FOR HOTELS, ETC. 

Article 953. Fire Escapes on Hotels, Inns, etc. — Every 
building or structure kept, used or maintained or adver- 
tised as or held out to the public to be an inn, hotel or 
public lodging house or place where sleeping accomoda- 


CITY OF BEAUMONT. 


321 


tions are furnished to the public, whether with or with- 
out meals, shall have and be provided with, at each and 
every floor above the second floor, or at every floor twen- 
ty feet or more above the ground, two or more iron or 
steel fire escapes to be attached securely on the outside 
of the walls of such building or structures, and such buil(T 
ings or structures shall have and be provided with a way 
of egress to said fire escape, which way of egress shall, 
at all times, be kept free and clear of obstructions and in 
good repair and ready and suitable for immediate use. 

Article 954. Requirements of Fire Escapes. — Said 
fire escapes shall consist of iron or steel ladders reaching 
from the roof of the building to within twelve feet of the 
ground, and rungs of said ladders must be at least six 
(6) inches from the wall, so that a secure foothold and 
handhold on same may be had and the ladders must be 
securely bolted to and through the wall, and must be 
capable of sustaining a weight of fifteen hundred (1500) 
pounds avoirdupois, and that each floor above the ground 
floor, with proper open connections and exit to these 
ladders, shall be iron or steel balconies or landings with 
strongly braced iron or steel hand railings, capable of 
sustaining a weight of fifteen hundred (1500) pounds 
avoirdupois. Said landings or balconies and the hani 
railings thereof shall be securely bolted to and through 
the walls, and in case of wooden buildings, said ladders, 
landings or balconies and the hand railings shall be se- 
curely bolted to and through or clamped with iron or 
steel clamps to and around the upright or frame proper 
of the building. 

Article 955. Location of Fire Escapes. — All fire 
escapes shall be located as far as possible, consistent with 
accessibility, from stairways, elevator hatchways and oth- 
er openings in the floors and shall be located on two or 
more sides of the buildings and as far apart as is con- 
sistent with the construction and location of the building. 

Article 956. Signs Indicating Location of Fire Es- 
capes. — Placards or signs indicating plainly the way to 
fire escapes shall be placed and kept continuously in con- 


322 


CHARTER AND ORDINANCES 


spicuous places in the offices, hallways and in every bed- 
room of such building. 

Article 957. Two Story Houses Provided with Rope. 

• — Every building or structure not more than two stories 
high from the ground, and where the second floor is less 
than twenty (20) feet above the ground kept, used or 
maintained as, or advertised as, or held out to the public 
to be an inn, hotel or public lodging house or place where 
sleeping accomodations are furnished to the public, wheth- 
er with or without meals, shall have and be provided with, 
in every bedroom on the floor above the ground, a ma- 
nila or hemp rope at least five eights of an inch in thick- 
ness, firmly knotted at least every fifteen inches of its 
length, and long enough to reach within four feet of the 
ground, and to be securely fastened within the room not 
less than three feet above the base or sill of the window 
or opening, and so that with strength of the rope and 
fastening, be capable of sustaining a weight of not less 
than five hundred pounds avoirdupois. 

Article 958. Penalty. — Any person or persons own- 
ing, keeping or maintaining, controlling or managing any 
building or structure kept, used, maintained, or adver- 
tised as, or held out to the public to be, an inn, hotel, pub- 
lic lodging house or place where sleeping accomodations 
are furnished to the public, whether with or without 
meals, in violation of the provisions of this ordinance 
shall be guilty of a misdemeanor and on conviction there- 
of, shall be fined not less than twenty-five nor more than 
two hundred dollars, and each and every day any person 
owning, keeping, maintaining, controlling or managing 
any building or structure, kept, maintained, or adver- 
tised as, or held out to the public to be, an inn, hotel, pub- 
lic lodging house or place where sleeping accomodations 
are furnished to the public, whether with or without 
meals, in violation of the provisions of this ordinance 
shall constitute a separate offense. 

Article 959. Tenant May Install at Cost of Landlord. 
— The Tenant or sub-tenant, lessee or sub-lessee of any 


CITY OF BEAUMONT. 


323 


building coming within the provisions and requirements 
of this ordinance may, when the owner, or his agent fails 
to comply with the provisions of this ordinance, contract 
for and have constructed and erected said fire escapes, 
in accordance with the requirements of this ordinance, 
and may deduct the cost of same from the amount due 
or the amounts that may become due such landlord or 
lessor on account of the rent or lease of such building. 

CHAPTER XL VI. 

WHOLESALE TERRITORY FOR SALE OF INTOXI- 
CATING LIQUORS. 

Article 960. That wholesale, houses for the purpose 
of dispensing spirituous, vinous or malt or intoxicating 
liquors may be conducted in the City of Beaumont, with- 
in the following territory or portions of the City of Beau- 
mont and none other, to- wit: 

Beginning at the west side of Main Street on Cedar 
Street in the City of Beaumont, Jefferson County, Texas; 
thence south on the west side of Main Street to the south 
side of Washington Street; 

Thence west on the south side of Washington Street 
to the west side of Trinity Street; 

Thence south on the west side of Trinity Street to> 
Milam Street, the same bein^ the southeast corner of 
block number seventy-one (71) of the old town of Beau- 
mont; 

Thence following the south line of said block to the 
southwest corner of Block 64 of the old town of Beau- 
mont; 

Thence east along the north line of Washington 
Street to the east side of Orleans Street; 

Thence north along the east side of Orleans Street to 
the north side or Forsythe Street; 

Thence along the north side of Forsythe Street to the 
east side of Park Street; 


324 


CHARTER AND ORDINANCES 


Thence along the east side of Park street to the 
north side of Bowie Street; 

Thence along the west side oi Bowie Street to the 
west side of Neches Street ; 

Thence along the west side of Neches Street to Crockett 
Street; 

Thence west on the south siae of Crockett Street to 
Jefferson Street>; 

Thence north on the west side of Jefferson Street to 
the north side of Bonham Street ; 

Thence west along the north side of Bonham Street 
to the east side of Railroad Avenue; 

Thence north on the east side of Railroad Avenue to 
the T. & N. O. R. R. Company right of way; 

Thence east with the south line of the T. & N. 0. R. 
R. Company right of way to a point that will intersect 
a straight line from Janes Street; 

Thence north with said line and Janes Street to the 
south end of Broadway; 

Thence east along the south line of Broadway and 
Cedar Street to the place of beginning on Main Street; 

And also Lots Seven (7), Eight (8), Nine (9), Ten 
(10), Eleven (11) and Twelve (12) in Block Number 2 
of the McFaddin Addition to the City of Beaumont. 

Article 961. It shall not be lawful for any person 
or persons, firm, partnership, corporation or corpora- 
tions, his, its or their agents or employees, under any 
style or name whatsoever, to conduct, maintain, or be con- 
cerned in conducting or maintaining any wholesale houses 
for the purpose of dispensing spiritous, vinous, malt or 
or intoxicating liquors of any kind, in any territory with- 
in the corporate limits of the City of Beaumont, except 
the portion included within the above mentioned boun- 
daries, as set out in the foregoing article. 

Article 962. If any person, firm, partnership, corpor- 


CITY OF BEAUMONT. 325 

ation or corporations, his, its, or their agents or em- 
ployees, under any style or name whosoever, shall con- 
duct, maintain or be concerned in conducting or main- 
taining any wholesale house for the puropse of dispens- 
ing spirituous, vinous, malt or intoxicating liquors of any 
kind, whatsoever, within any portion of the corporate 
limits of the City of Beaumont, other than that described 
in the first article of this chapter, shall be deemed guilty 
of a misdemeanor and upon conviction in the Corpora- 
tion Court of the City of Beaumont, shall be fined in any 
sum not less than fifty ($50.00) dollars, nor more than 
two hundred ($200.00) dollars, and each day any person 
or persons, firm, partnership, corporation or corpora- 
tions, his, its or their agents or employees shall violate 
any portions of this ordinance, shall be deemed a sep- 
arate and distinct offense and shall be punished by sep- 
and distinct fines of not less than fifty ($50.00) dollars, 
nor more than two hundred ($200.00) dollars. 

Article 963. In prosecutions under this ordinance 
when it is proven that there is posted up at any place 
within said City of Beaumont, other than that mentioned 
and permitted herein any United States Internal Whole- 
sale Revenue License or if any person has obtained such 
internal revenue license to sell intoxicating liquors such 
as mentioned in this ordinance at such place, whether the 
same is posted up or not, the same shall be taken as 
prima facie evidence that the person, firm, partnership, 
association of persons or corporation to whom such li- 
cense is issued is engaged in, conducting and maintaining 
a wholesale house for dispensing spirituous, vinous, malt 
or intoxicating liquors, within the meaning of this or- 
dinance at such place. 

Article 964. The payment of State and County occu- 
pation taxes by any person, firm, partnership, associa- 
tion of persons or corporation of wholesale liquor dealers 
either of malt or intoxicating liquors, to engage in said 
wholesale business at any place within the city of Beau- 
mont other than is allowed in this ordinance, shall be 
prima facie evidence that the person, firm, partnership, 


326 


CHARTER AND ORDINANCES 


association of persons or corporation in whose name said 
occupation tax was paid is engaged in and pursuing and 
conducting a wholesale liquor house at such place in 
violation of the provisions of this ordinance and the 
books of the County Tax Collector, or certified copies of 
the revenue license, from the office of the Internal Reve- 
nue Collector or from the comptroller of the State of Tex- 
as, are hereby made competent evidence of the issuance 
of said license or payment of said occupation tax by the 
parties named in said license or occupation tax receipt. 

RETAIL TERRITORY FOR SALE OF INTOXICAT- 
ING LIQUORS. 

Article 965. That saloons, grog shops or other places 
for retailing spirituous, vinous, malt and intoxicating 
liquors, may be conducted in the City qf Beaumont with- 
in the following territory or portions, to-wit: 

Beginning on the west line of Main Street at Cedar 
Street in the City of Beaumont, Jefferson County, Texas, 
thence south along the west side of Main Street to the 
northeast corner of Lot 61 in Block 13; thence westerly 
along the south boundary line of lots 71 and 72 in Block 
13 to Pearl Street; thence in a southerly direction along 
the line of Pearl Street and said Block 13 to the south- 
west corner <*f Said Block 13; thence westerly across 
Pearl Street to the southeast corner af Block 40 ; thence 
in a southerly direction across Forsythe Street to the 
northeast corner of Block 39; thence westerly along the 
line of Block 39 and Forsythe Street to the northwest 
corner of lot 192 in Block 39; thence in a southerly direc- 
tion with the western boundary line of Lot 192, Block 
39, to the southwest corner of said lot 192 ; thence contin- 
uing same course across lot 195 in said Block 39 to the 
northwest corner of lot 185 in said block 39; thence con- 
tinuing same course with the western line of said lot 
185 to its southwest corner on Wall Street; thence easter- 
ly with the line of Wall Street and Block 39 to the south- 
east corner of Block 39; thence in a southerly direction 
across Wall Street to the northeast corner of Block 39; 


327 


CITY OF BEAUMONT. 

thence easterly across Pearl Street to the northwest 
corner of Block 12 ; thence in a southerly direction with 
the line of lot 54 and Pearl Street to the southwest 
corner of said lot 54; thence in an easterly direction 
through Block 12 with the boundary lines of lots 54, 55, 
56 and 58 to the west line of Main Street; thence in a 
southerly direction with the west line of Main Street to 
the north side of Washington Street; thence west along 
the north side of Washington Street to the east side of 
Orleans Street; thence north on the east side of Or- 
leans Street to the southwest corner of Lot 189 in Block 
39; thence in a southwesterly direction to the southwest 
corner of Lot 313 in Block 39 ; thence in a northwesterly 
direction with the west line of said lot 313, to the north 
line of Forsythe Street and the southwest corner of Lot 
318, Block 50; thence west along the north side -of For- 
sythe Street to the east side of Park Street ; thence north 
along the east side of Park Street to the north side of 
Bowie Street; thence west along the north side of Bowie 
Street to Neches Street; thence north along Neches 
Street to Crockett Street; thence west on Crockett Street 
to Jefferson Street; thence north on Jefferson Street to 
the T. & N. 0. right of way; thence east with the south 
line of the T. & N. O. right of way to a point that will in> 
tersect a straight line from Janes Street; thence north 
with said line on Janes Street, to the south side of Broad- 
way; thence east along the south side of Broadway and 
Cedar Street to the place of beginning on Main Street. 

Article 966. It shall be unlawful for any person or 
persons, firm or partnership, corporation or cory>ora- 
tions, his, its or their agents or employees undef any 
style of name whatsoever to conduct, maintain or be 
concerned in conducting, or maintaining, any saloon, grog 
shop or other place for retailing spirituous, vinous, malt 
or intoxicating liquors of any kind in any territory within 
the corporate limits of the City of Beaumont except the 
portion included within the above boundaries, provided, 
however, that nothing in this ordinance shall be con- 
strued to affect, violate or vitiate any valid liquor or beer 
license issued by the Federal, State, County or Municipal 


328 


CHARTER AND ORDINANCES 


authorities now in force within the limits of the city. 

If any person or persons, firm, partnership or cor- 
poration or corporations, his, its or their agents or em- 
ployees under any style of name whatsoever, shall con- 
duct, maintain and be concerned in conducting or main- 
taining any saloon, grog shop or other place where spir- 
ituous, vinous, malt or intoxicating liquors of any kind 
whatsoever are bartered, sold or dispensed in any man- 
ner, or shall engage in and pursue the occupation of sell- 
ing intoxicating liquors at retail, within any portions of 
the corporate limits of the city, of Beaumont, other than 
that described herein shall be deemed guilty of a mis- 
demeanor and upon conviction in the corporation court, 
shall be fined in any sum not less than fifty ($50.00) 
dollars nor more than two hundred ($200.00) dollars, and 
each day any person, or persons, firm, partnership, cor- 
poration or corporations, his, its or their agents or em- 
ployees shall violate any portion of this ordinance shall 
be deemed a separate and distinct offense and shall be 
punished by a separate and distinct fine of not less than 
fifty ($50.00) dollars nor more than two hundred 
($200.00) dollars. 

Article 967. In prosecutions under this ordinance, 
when it is proven that there is posted up at any place, 
within the said city of Beaumont, other than that men- 
tioned and permitted herein, any United States Internal 
Revenue License, or if any person has obtained any 
United States Retail Internal Revenue License to sell or 
dispense intoxicating liquors such as mentioned in this 
ordinance at such places whether the same is posted up 
or not, the same shall be prima facie evidence that the 
person, firm, association of persons or corporation to 
whom such license is issued is engaged in conducting and 
maintaining at such place a saloon or grog shop for re- 
tailing intoxicating liquors such as is forbidden by this 
ordinance. It is hereby further declared that the pay- 
ment of State and county occupation tax by any person, 
firm, association of persons, or corporation, of a retail 
liquor dealer, either of malt or other intoxicating liquor, to 


CITY OF BEAUMONT. 


329 


engage in said business at any place within the city of 
Beaumont, except as permitted by this ordinance, shall 
be prima facie evidence that the person, firm, partner- 
ship, association of persons or corporation, in whose name 
said occupation tax was paid, is engaged in, concerned in, 
conducting and maintaining a saloon and grog shop for 
retailing spirituous, vinous, malt and intoxicating li- 
quors at such place in violation of the provisions of this 
ordinance and the books of the county tax collector or 
certified copies therefrom, and certified copies from the 
State comptroller of the occupation tax receipt or license 
and from the United States Internal Revenue collector 
of the license issued by him, are hereby made competent 
evidence of the issuance of saidUicense or payment of 
said occupation' tax by the parties named in said license 
or occupation tax receipts. 

Article 968. That in all prosecutions for violations 
of this ordinance whenever it shall be shown that as many 
as two sales of intoxicating liquors such as are forbidden 
by this ordinance, have been made at any place within the 
city of Beaumont, except such as are permitted by this 
ordinance, then the same shall be taken and held by any 
court of competent jurisdiction conclusive proof that the 
said place is maintained and conducted as a saloon, grog 
shop and place for retailing spirituous, vinous, malt or 
intoxicating liquors, and that the person, firm, partner- 
ship, association of persons, or corporation, his, theirs, or 
its agents or agent, servants or employees so making said 
sales, shall be conclusively presumed to be guilty of a 
violation of the provisions of this ordinance and punished 
as provided herein, provided, however, that the provis- 
ions of this section shall not be construed as avoiding or 
in any manner detracting from or lessening fhe force of 
any other evidence or proof of the violation of this or- 
dinance. 

CHAPTER XL VII. 
MISCELLANEOUS OFFENSES. 

Intoxicating Liquors, Variety Shows, Etc. 

Article 969. Prohibiting Selling Liquors at Variety 


330 


CHARTER AND ORDINANCES 


Shows, etc. — It shall be unlawful for any proprietor or 
manager of any theater, variety show, opera house, theat- 
rical exhibition or dramatic representation of whatsoever 
character in the City of Beaumont, where female actors, 
performers or employees are employed or permitted to be 
in any way connected therewith., or where females are 
permitted to attend, to sell, expose for sale, offer for 
sale, permit to be sold, given away or deliver to any per- 
son, any spirituous, vinous, or malt liquors or intoxicating 
liquor of any kind whatever, within the rooms or place 
where such theater, exhibition or representation may be 
conducted or in any room or place used in connection with 
such room or place or in any room, building, private box 
or apartment of any kind inside the room where such ex- 
hibition or representations are given or in any green 
room, side room or ante room or ante chamber of the 
same. 

Article 970. Same. — It shall be unlawful for any em- 
ployee or person in any way connected with any theater, 
variety show, opera house, theatrical exhibition or dra- 
matic representation in the city of Beaumont, to sell, bar- 
ter, give away or deliver to any person any spirituous, 
vinous or malt liquors or intoxicating liquors of any kind 
within the room or place where such theater, exhibition 
or representation may be conducted, or in any room or 
place connected therewith, as provided in the above ar- 
ticle. 

Article 971. Prohibiting Female Actors Selling or 
Giving Liquors in Audience. — It shall be unlawful for 
any proprietor, lessee, or manager of any theater, variety 
show, opera house, theatrical exhibition or dramatic rep- 
resentation in the city of Beaumont, to permit any fe- 
male actor, connected with such theater, variety show, 
opera house exhibition or representation to mingle or 
associate with any of the audience or spectators of such 
theater, exhibition or representation within the room or 
place where such theater, exhibition or representation 
may be conducted, or in any room or place connected 
t herewith, as provided in the two preceding articles, for 


CITY OF BEAUMONT. 


331 


the purpose of selling, offering to sell, give away to or 
drinking with any of the audience or spectators any spir- 
ituous, vinous, malt, liquor, or intoxicating liquors of 
any kind whatsoever. 

Article 972. Same. — And it shall be unlawful for any 
female actor, performer, or employee, employed in any 
manner connected with any theater, variety show, opera 
house, theatrical exhibition or dramatic performance in 
the city of Beaumont, to mingle or associate with any of 
the audience or spectators at such theater, variety show, 
opera house, theatrical exhibition or representation with- 
in the room or place where such theater exhibition or rep- 
resentation may be conducted, or any room or place used 
in connection therewith as provided in the foregoing 
articles for the purpose of selling, offering for sale, giv- 
ing away or drinking with any of the auidecne or spec- 
tators any spirituous, vinous, or malt liquors of any kind 
whatsoever. 

Article 973. Penalty. — Any person violating any of 
the provisions of the preceding four articles shall be 
guilty of a misdemeanor and upon conviction thereof 
shall be punished by a fine of not less than ten dollars, 
nor more than fifty dollars, and each day of such viola- 
tion shall be deemed a separate offense and punished ac- 
cordingly. 

HITCHING TO FENCES OR INJURING LAWNS, 
YARDS, ETC. 

Article 974. Prohibiting Hitching to, Driving 
Against or Injuring Fences, Lawns, Parks or Yards. — 

Any and all persons are hereby forbidden to drive any 
wagon, hack or other vehicle against any fence enclosing 
public or private park or lawn or yard, in the city of 
Beaumont or to hitch any horse or other animal to such 
fence or to sit upon or injure or deface such fence or 
wantonly tramp upon the grass, shrubbery, flowers in 
such park or lawn or yard or injure or pluck such flowers 
or damage such grass. 


332 


CHARTER AND ORDINANCES 


Article 975. Penalty. — Any person violating any of 
the provisions of the preceding article shall be deemed 
guilty of a misdemeanor and upon conviction shall be 
fined not less than one dollar nor more than one hundred 
dollars. 

CIRCULATING FALSE REPORTS OF DISEASE. 

Article 976. Prohibiting Circulation of False Re- 
ports of Diseases. — That it shall hereafter be unlawful for 
any person or persons, or the owner, editor or manager of 
any weekly or daily newspaper published in this city, to 
wilfully circulate or cause to be circulated, either by word 
or sign, or by any printed notice or publication of any 
false statements as to the existence of yellow fever, small 
pox, or other contagious or infectious disease within the 
City of Beaumont. 

Article 977. Penalty. — Any person or persons vio- 
lating the provisions of the above article shall be deemed 
guilty of a misdemeanor and upon conviction thereof in 
the corporation court of the city of Beaumont, shall be pun- 
ished by a fine of not less than five dollars nor more than 
two hundred dollars. 

If it shall appear upon the trial of any person accused 
under the provisions of the foregoing article that such 
reports were false and that no bona fide effort was made 
by the defendant to ascertain the truth or falsity of such 
statement or reports before the same were circulated by 
him, the same shall be deemed to have been done wilfully 
or maliciously and subject him to the penalty herein pro- 
vided for. 

LOUNGING ON TRUNKS, ETC., AT DEPOTS. 

Article 978. Prohibiting Lounging on Trunks, etc., 
at Express or Railroad Depots. — Any and all persons are 
hereby forbidden to sit, stand, lounge upon or against any 
trunk or other article of baggage or any goods, wares or 
other merchandise in possession of any express company 
or railroad company, while such baggage or express 
goods are at any express or railroad office or depot or 


CITY OF BEAUMONT. 


333 


station grounds, or sit, stand, lounge upon or against any 
express or baggage wagon or truck or about such ex- 
press office or depot or station grounds in the city of 
Beaumont. 

Article 979. Penalty. — Upon conviction for the vio- 
lation of any of the provisions of the preceding article 
each person so convicted shall be fined not less than one 
dollar nor more than twenty-five dollars. 

THEATERS. 

Article 980. Prohibiting Theaters on Sunday. — It 
shall be unlawful for any person or corporation to open 
and give performances at any theater in the City of Beau- 
mont on or during Sunday; provided, however, that any 
performance which has commenced not later than 8 
o’clock P. M. on Saturday may be continued until the 
completion thereof ; but in no event to continue later than 
one o’clock A. M. of said night. 

Article 981. Prohibiting Interruption at Theaters. — 

That it -shall be unlawful for any person or persons in the 
audience by loud and boisterous talking, or by whistling, 
singing, yelling, smoking or spitting tobacco juice on the 
floor or in any other manner, whatsoever to disturb the 
quiet or comfort of the audience, or any person therein, or 
to interrupt the performance in any such theater. 

Article 982. Prohibiting Wearing Hats at Theaters. 

— That it shall be unlawful for any person of any sex to 
wear a hat, bonnet or other covering on his oi her head 
at any time during the actual performance on the stage 
at any such theater; provided, that nothing in this ar- 
ticle shall prohibit any female from wearing a small 
nubia, fascinator, or other small article on her head, such 
as will not obstruct or interfere with the view of the stage 
by others seated back of such female. 

Article 983. Penalty. — Any person violating any of 
the provisions of the three preceding articles shall be 
deemed guilty of a misdemeanor and on conviction shall 


334 


CHARTER AND ORDINANCES 


be fined in a sum not less than five nor more than twenty- 
five dollars. 

DISCHARGING SLOP INTO SEWER. 

Article 984. Discharging Refuse or Vegetable Matter 
Into Sewer. — It shall be unlawful for the occupant of any 
house or boarding house, hotel, or restaurant, or any 
other person, to connect any slop sink, sink-basin, or other 
receptacle for the deposit of kitchen slops, or refuse con- 
taining any vegetable matter whatever, with, or discharge 
the same into any sanitary sewer in the City of Beau- 
mont. 

Article 985. Street Commissioner Instructed to 

Abate. — That any such connection now made be and the 
same is hereby declared a nuisance and the Street Com- 
missioner is hereby instructed to have same abated. 

Article 986. Penalty. — If any person, firm or cor- 
poration shall connect any slop-sink, sink-basin or other 
receptacle for the deposit of kitchen slops or refuse con- 
taining any vegetable matter, whatever, with or dis- 
charge same into any sanitary sewer in the city of Beau- 
mont, he shall be punished by a fine not to exceed one 
hundred dollars and each day such connection continues, 
and each discharge, shall constitute a separate offense. 

WATSON BURYING GROUND. 

Article 987. Abandonment of Sam Watson Burying 

Ground. — That the old burying ground in South Beau- 
mont, on the seven and one-half (7 1-2) acre tract former- 
ly owned by Sam Watson (colored), deceased, and on 12th 
street extending through said 7 1-2 acre tract, be and is 
hereby abandoned as a burying place. 

That no person shall hereafter use said land as a de- 
pository of human bodies. 

Article 988. Penalty. — That any violation of the 
above article shall be deemed a misdemeanor and punish- 
able by a fine of not less than five dollars ($5.00) and not 
more than twenty-five dollars ($25.00) and each day any 
body of a deceased person is allowed to remain on said 
land shall constitute a separate offense. 


CITY OF BEAUMONT. 


335 


DISCHARGING FIREWORKS. 

Article 989. Prohibiting Discharge of Fireworks. — 

It shall not He lawful for any person within the corporate 
limits of the city of Beaumont to discharge, fire or set 
off any pyrotechnic exhibition, rocket, blue light, quib, 
cracker or other fireworks whatever unless authorized by 
the Mayor to do so. 

Article 990. Penalty. — That any person violating 
any of the provisions of this ordinance shall be fined in 
any sum not less than one and not more than one hundred 
dollars. 

SLAUGHTER HOUSES, BONE BOILERS, ETC. 

Article 991. It shall be unlawful hereafter for any 
person, corporation or association of persons to establish 
or maintain any slaughter house, bone boiler or soap-mak- 
ing establishment, in the City of Beaumont, or any brick 
yards, livery stable, horse lots and stock pens, within a 
distance of 300 feet of any hotel or private residence in 
the city of Beaumont, without first obtaining a permit 
from the city council. 

Article 992. Definitions. — The term '‘Livery 

Stable, ” horse lot or stock pen as used in the above ar- 
ticle shall include any stable or stables, stall or stalls, 
pen or other enclosure in which there shall be kept more 
than six head of live stock, to-wit: Horses, mules, cows, 
or other live stock of any kind, the whole number of said 
live stock of whatsoever kind or character not to exceed 
the number hereinabove named, to-wit, six. The term 
“Slaughter House” shall include any place or enclosure 
where any animals are slaughtered. 

Article 993. Penalty. — Any person or persons violat- 
ing the provisions of the foregoing article shall upon con- 
viction, be fined in any sum not less than twenty-five 
($25.00) dollars nor more than one hundred d 5 liars; each 
day in which said provision or any of them are violated 
shall constitute a separate offense. 

NUMBERING HOUSES. 

Article 994. Owners to Number Residence and Bus- 


336 


CHARTER AND ORDINANCES 


iness Houses. — That the owner or owners of residences 
and places of business in the city of Beaumont are required 
to number the same, and that said numbers shall be made of 
such material as may be designated by the Street and 
Bridge Committee of said city, and according to the plan 
adopted by the city council of the city of Beaumont, on 
file in the office of the City Secretary of said city. 

Article 995. Owners Shall Apply for and Attach 
Number. — That the owner or owners of residence and 
places of business erected after the passage of this ordi- 
nance shall be required within ten days after the comple- 
tion of such house to apply to the chairman of the Street 
and Bridge Committee, or City Secretary, for the proper 
number designated by the plan referred to in the pre- 
ceding article, and affix same as required therein. 

Article 996. Chairman of Street and Bridge Com- 
mittee or City Secretary to Furnish Numbers. — That the 
chairman of the Street and Bridge Committee or City 
Secretary shall, upon application of such owner or owners, 
or his or their agent, furnish the propcv* number upon the 
payment of th$r sum of twenty-five cents. 

Article 997. Penalty. — That any person violating 
any of the provisions of this ordinance shall be deemed 
guilty of a misdemeanor, and upon conviction, be fined 
in any sum not exceeding five dollars. 

TAMPERING WITH POLES, WIRES, ETC. 

Article 998. Unlawful to Tamper With, or Use Ap- 
paratus. — It shall be unlawful for any person or persons 
to tamper with, molest or use in any manner, the poles, 
wires, cross arms, lamps, hoods, switches, cuttoffs, con- 
nections, or any part of the lines or apparatus belonging 
to any person, firm, company or corporation, within the 
corporate limits of the City of Beaumont, and that no 
person or persons shall have the right to place upon the 
poles belonging to such person, firm, company or corpor- 
ation any hand bills, notices, cards, advertising bills, pla- 
cards, or any written, printed or painted matter, either 
by posting, tacking, suspending or any other mode of fast- 


CITY OF BEAUMONT. 


337 


ening. Any person violating the provisions of this article 
shall be punished by a fine in any amount not to exceed 
one hundred dollars. 

Article 999. Prohibiting the Interference With Pri- 
vate Property. — It shall be unlawful for any person, firm, 
company or corporation, or its agent, or agents, in the 
erection, repair and maintenance of its or their wires, 
poles or other appliances, to, without consent, interfere 
with, injure, molest, damage or fasten to, aryl connect 
with, the shade trees, buildings and improvements of any 
property holder or holders within this city. 

Article 1000. Penalty. — Any person, firm, company 
or corporation, its or their agents, or employees or repre- 
sentatives, violating any of the provisions of the preced- 
ing article, shall, upon conviction be fined in any amount 
not to exceed one hundred dollars, and each day such 
violation continues shall constitute a separate offense. 

ELECTRICAL WORKERS. 

Article 1001. Electrical Workers, etc., to Give Bond. 

— That any person, persons, corporation or corporations 
now engaged or that may hereafter engage in the business 
of electrical work, wiring or construction in the city of 
Beaumont, Texas, be and are hereby required to execute 
a good and sufficient bond in the sum of one thousand 
dollars, said bond to be signed by some bonding company 
authorized to transact business in the State of Texas or 
by two or more good and solvent persons as surety. Said 
bond to be payable to the City of Beaumont, Texas, ap- 
proved by the city council, conditioned that all electrical 
work, wiring or construction done by such person or cor- 
poration, shall be done in accordance with the rules and 
requirements of the City Electrician and the or- 
dinances of the City of Beaumont, and that if 
after ten days’ notice from the said City Elec- 
trician that such electrical work, wiring or construc- 
tion is not done in accordance with the said rules and re- 
quirements, and ordinances, and said person or corpora- 
tion does not construct said electrical work, wiring or con- 


338 


CHARTER AND ORDINANCES 


struction to conform to said rules and requirements and 
ordinances, the said bond shall be forfeited; said bond 
herein provided for shall be filed with the city secretary 
of the City of Beaumont. 

Article 1002. Penalty. — That any person or corpora- 
tion doing any electrical work, wiring or construction 
within the limits of the # city of Beaumont, Texas, without 
having executed said bond and filing the same with the 
city secretary of the city of Beaumont shall be guilty of a 
misdemeanor and upon conviction shall be fined in any 
sum not less than twenty-five dollars nor more than one 
hundred dollars. 

SPITTING IN PUBLIC PLACES. 

Article 1003. Prohibiting Spitting in Public Places, 

Etc. — That the spitting or expectorating upon the floors 
of churches, public halls, theaters, or other public places, 
or spitting or expectorating upon sidewalks or other pub- 
lic walks in the city of Beaumont, is hereby declared a 
nuisance and is prohibited ; provided that the spitting in 
or upon the public streets is not intended to be prohibited 
or included herein by the words “Or other public walks’ ’ 
or the words “other public places.” 

Article 1004. Penalty. — Any person violating the 
above article shall be deemed guilty of a misdemeanor 
and upon conviction thereof shall be fined in any sum 
not less than one dollar nor more than ten dollars for each 
and every violation. 

CISTERNS AND STAGNANT WATER. 

Article 1005. Requiring Cisterns, etc., to be Screened 

— That each and every owner, lessee, tenant or occupant 
of any house, lot or premises on which may be located a 
surface cistern, tank or other receptacle kept for holding 
or storing water, is hereby required to cover such tank, 
cistern or other receptacle with a wire or cloth screen or 
in such manner as will exclude mosquitoes and insects 
therefrom and shall renew such screening or covering as 


CITY OF BEAUMONT. 


339 


often as may be necessary to protect the same against snch 
mosquitoes and insects. 

Article 1006. Draining Stagnant Water. — Every 
owner or tenant of any lot, blocks or other premises on 
which may be any stagnant water, are hereby required 
to drain the same and to sprinkle lime or oil as a disin- 
fectant on the premises so drained. 

Article 1007. Penalty. — Any person violating the 
provisions of the foregoing articles shall be deemed 
guilty of a misdemeanor and on conviction be punished 
by a fine not exceeding one hundred dollars and each day 
the same or either of them are violated shall be a sepa- 
rate offense. 

PRIZE FIGHT PICTURES. 

Article 1008. Prohibiting Showing Prize Fight Pic- 
tures. — No person, firm or corporation shall display, show 
or exhibit in the city, moving pictures of prize fights. 

Article 1009. Penalty. — Any person, firm or corpora- 
tion, violating the provisions of the foregoing ar 
tide, shall, upon conviction in the corporation 
court, be fined in any sum not less than Five 
Dollars nor more than two hundred dollars and 
each separate display, showing or exhibiting of a reel 
containing prize fight pictures shall constitute a separate 
offense. 

INTERFERENCE WITH PRIVATE PROPERTY. 

Article 1010. Prevent Trespasses. — That it shall be 
unlawful for anyone in the city to trespass upon, inter- 
fere with, or use the property of another person, or of a 
corporation, without the consent of the owner or owners. 

Article 1011. Injuring Property. — That it shall be 

unlawful for any one to mischievously, maliciously, or 
wantonly mistreat, deface, injure or abuse public prop- 
erty, or the property of any person or corporation. 

Article 1012. Men to Give Passway to Ladies. — It 


340 


CHARTER AND ORDINANCES 


shall be the duty of- every male person meeting any female 
on the sidewalks, or cross walks, to give way and allow 
them sufficient room in which to pass. 

Article 1013. Unlawful Intrusion. — Any person en- 
tering into the dwelling house, place of business, or upon 
the premises of another for any unlawful purpose shall 
be deemed guilty of a misdemeanor. 

Article 1014. Penalty. — Anyone violating any of the 
provisions of the last above four preceding articles shall 
be fined in any sum not exceeding one hundred dollars. 

Article 1015. Injury to Baggage. — Any person in 
the employ of a railroad company, a common carrier, 
transportation company, or any carriage driver or dray- 
man, or any other person engaged or employed in the 
transportation of baggage, who shall by carelessness and 
recklessness of handling, break or injure any trunk, va- 
lise or other baggage, either aboard the cars at the depot, 
or any other place within the city, shall be fined in any 
sum not exceeding one hundred dollars. 

Article 1016. Breaking or Injuring Fences, etc — 
Any person who shall by pulling off pickets, removing 
gates, or by otherwise injuring any fence without the 
consent of the owner thereof, shall be fined in any sum 
not exceeding one hundred dollars. 

DANCE HOUSE. 

Article 1017. Definition. — A public dance house is 
defined to be any house kept for the purpose of public 
dancing, either by invitation or voluntarily. Providing 
same shall apply to variety shows giving dances. This, 
however, in nowise applies to legitimate theaters. 

Article 1018. Must Obtain License. — No person shall 
keep a public dance house in the city limits without first 
obtaining a permit therefor from the Mayor upon applica- 
tion made in writing specifying the -location iy which 
such house is proposed to be kept, and paying the Ases- 
sor and Collector fifty dollars per annum, and obtaining a 


CITY OF BP]AUMONT. 


341 


license therefor, upon the payment of which license the 
Assessor and Collector shall issue a certificate to such per- 
son to keep and conduct a public dance house at the place 
specified in application to the mayor. 

Article 1019. Duty of Proprietor. — It shall be the 
duty of the owner or proprietor of any such licensed 
dance house, variety or theatrical performance, to notify 
the Chief of Police of the time of the proposed assembling 
of any persons at his or her house for the purpose of 
dancing or witnessing such dance or theatrical perform- 
ance, as herein defined, and any violation of this or the 
preceding article shall be punished by fine not to exceed 
one hundred dollars. 

Article 1020. Duty of the Chief of Police. — Fee of 
Policemen. — It shall be the duty of the Chief of Police 
upon receiving such notification to detail one or more 
policemen to attend at such time and place for the pur- 
pose of preserving order, for which duty the chief of po- 
lice shall collect in advance from the proprietor of such 
place the sum of $2.50 for each day or night each police- 
man may attend, and the chief of police shall issue a re- 
ceipt therefor, and shall pay the amount so collected into 
the city treasury. 

Article 1021. Duty of Policemen. — It shall be the 
duty of such police in attendance to preserve order, and 
in case of any disturbance it shall be his or their duty to 
close said dance house at once, and arrest all persons who 
may be guilty of any riotous, indecent or disorderly con- 
duct. 

Article 1022. Penalty for Disorderly Conduct —Any 
person or persons who may be guilty of any riotous, dis- 
orderly or indecent conduct at any dance house shall be 
fined not less than ten nor more than one hundred dol- 
lars. 

Article 1023. Variety Show Defined. — A variety 
show within the meaning of this chapter is a house or 
room used as a theater or play house where performances, 
plays, or exhibitions are given, and where spirituous, vin- 


342 


CHARTER AND ORDINANCES 


ous, or malt liquors are kept for sale, and in which there 
are retained in service, in any capacity, any prostitute, 
lewd woman, or woman of bad reputation for chastity, to 
display or conduct herself therein in a lewd, lascivious or 
indecent manner, or to solicit men to dance or purchase 
drinks. 

Article 1024. Unlawful to Advertise on Streets. — It 

shall be unlawful for any owner, lessee, tenant, keeper, 
proprietor or manager of any variety show, as hereinbe- 
fore defined, to advertise in and upon any public street or 
thoroughfare of the city of Beaumont, or in or upon any 
public place within said city, any performance, play or 
exhibition to be given at said variety show, or any fea- 
ture of any performance, play or exhibition connected 
with such show, by means of any band of music, drum, 
bugle or fife corps, or by means of any parade or pro- 
cession, or by means of any wagon, float or other vehicle, 
or by means of any printed, painted or written advertis- 
ing matter, or by means of any person, thing, sign or de- 
vice whatsoever. 

That the provisions of the above article shaiinot ap- 
ply to any lawful and reasonable means to advertise said 
variety show in and upon and immediately contiguous 
to the premises where said variety show is conducted. 

Article 1025. That any person, firm, association of 
persons or corporation violating any of the provisions of 
the above article shall be deemed guilty of an offense, 
and upon conviction, shall be fined in any sum not less 
than twenty-five dolalrs, and not more than two hundred 
dollars. 

PUBLIC BALLS AND DANCES. 

Article 1026. Prohibiting Public Balls and Dances 
Without Permit. — No person or persons shall give a pub- 
lic ball or have a public dance upon any premises owned 
or leased by them, or upon any premises in any manner 
under their control or management within the city of 
Beaumont, and no person or persons shall permit a public 
ball to be given or public dancing indulged in any man- 


CITY OF BEAUMONT. 


343 


ner under their control or management within the city of 
Beaumont, unless they shall have first obtained from the 
mayor of said city a permit to give such ball or have such 
dancing, and also shall have filed such permit with the 
chief of police or deputy chief of police of said city at 
least six hours before the commencement of slich ball or 
dancing and every such permit shall be for only one such 
ball or dancing and shall specify the time and place of 
having the same. 

Article 1027. Penalty. — Any person or persons vio- 
lating any of the provisions of the foregoing article shall 
be fined in any sum not to exceed one hundred dolalrs. 

SUSPICIOUS CHARACTERS. 

Article 1028. Dangerous and Suspicious Characters. 
— Penalty. — That all persons who shall have been offi- 
cially reported to the police authorities of any other state 
or city of the United States and known as notorious 
thieves or criminals and who are found within the city of 
Beaumont without honest employment or honest avoca- 
tion and all persons wandering about or lodging in saloons, 
taverns, beer houses, market places, sheds, barns and un- 
inhabitable buildings or in the open air, and all pers.ons 
who follow the occupation of inducing strangers and 
other persons to visit bawdy houses, gambling houses or 
to gamble, and ropers and cappers, and such persons as 
are commonly known as pimps, touts, fakirs and all per- 
sons notoriously known as pick-pockets, shall be consid- 
ered as dangerous and suspicious persons and, upon con- 
viction in the corporation court of the City of Beaumont, 
shall be fined not less than ten dollars nor more than one 
hundred dollars. 

Article 1029. Harboring Dangerous and Suspicious 
Characters. — Penalty. — That whosoever shall knowingly 
harbor or protect, aid or assist any dangerous or suspic- 
ious person, referred to in the above article, shall be guilty 
of a misdemeanor and upon conviction shall be fined in 
any sum not less than one dollar nor more than one hun- 
dred dollars. 


344 


CHARTER AND ORDINANCES 


Article 1030. Enticing Any Person to Bet or Wager. 
— Any person or persons who shall entice or persuade an- 
other to bet or wager money or any thing of value at any 
game of chance, played with cards or other device of 
whatsoever kind, or to bet on any device of whatsoever 
kind, or any money or other thing of value, or who shall 
entice or persuade any person or persons to go into any 
saloon, building, room, or other place of whatsoever char- 
acter in order to have such person or persons bet or wa- 
ger money or any thing of value on any game of chance 
played with cards or other device, of whatsoever kind, or 
to bet or wager on any such device any money or other 
thing of value, shall be deemed guilty of a misdemeanor, 
and shall be fined in any sum not less than ten nor more 
than one hundred dollars. 

Article 1031. Injuring or Defacing Buildings, Walls, 
Fences, etc. — Any person who maliciously, wantonly or 
wilfully injures any church or other building, either pub- 
lic or private, not included in Article 499 and 500 of the 
State Penal Code; or who writes or draws figures, letters 
or characters on the walls, fences or enclosures thereof in 
the city of Beaumont, shall be fined not less than one nor 
more than one hundred dollars. 

Article 1032. Taking Possession of Property With- 
out Permission. — Any person who moves into or takes 
possession of any dwelling house, outhouse, or other 
building or lot, the property of another, without the con- 
sent of the owner or agent thereof, shall be fined not less 
than one nor more than one hundred dollars. 

Article 1033. Malicious Mischief. — Any person who 
unlawfully, wilfully or maliciously breaks, throws down, 
destroys or carries away any gate, step or door, the prop- 
erty of another, or who shall take down, deface or carry 
away any sign board, plate or card, which indicates the 
name, occupation or business of any person, firm or corpo • 
ration in this city, shall be fined not less than one nor 
more than one hundred dollars. 

Article 1034. Unlawfully Entering a Theater or 


CITY OF BEAUMONT. 


345 


Other Place of Public Amusement. — Any person who en- 
ters, or attempts to enter, any, theater or other place of 
public amusement when any exhibition is being given, in 
this city, without the payment of the admission fee, or 
without having an entrance ticket, or without the con- 
sent of the lessee, agent or manager thereof, shall be fined 
not less than one nor more than one hundred dollars. 

Article 1035. Loitering About the Premises of An- 
other. — Any person who is found loitering about the 
property or upon the premises of another, within this 
city, without being able to give a good account of him- 
self, shall be fined not less than one nor more than one 
hundred dollars. 

Article 1036. Suspicious Intrusion. — Intrusion After 
Being Warned. — Any person who is found in this city on 
the premises of another in the night time, under suspic- 
ious circumstances, and who, without legal cause, or good 
excuse, enters into the dwelling house or on the premises 
.of another, shall be fined not less than one nor more than 
one hundred dollars. 

Article 1037. Bringing Paupers Into the City. — Any 

person who knowingly brings or causes to be brought into 
the city any pauper or person having no means of support, 
and who is unable or unwilling, to work, shall be fined not 
less than one nor more than one hundred dollars. 

Article 1038. Causing Arrest on Frivolous or Malic- 
ious Charge. — Any person who causes or procures the ar- 
rest of another, on any frivilous or malicious charge, shall 
be guilty of a misdemeanor, and shall be required to pay 
the costs for the arrest and trial of such person, and may 
also be required to pay a fine of not less than five nor 
more than twenty dollars, to be collected as other fines 
and costs are now collected by law. 

Article 1039. Inciting Rescue or Resistance to Ar- 
rest. — Any person who wilfully or intentionally does any 
act, or utters any word in the hearing of another, encour- 
aging, inciting or proposing or intending to encourage or 
incite the forcible or unlawful rescue of any person in the 


346 


CHARTER AND ORDINANCES 


custody of a policeman or officer of the city, or the pre- 
vention or hindrance of any lawful arrest; or to use vio- 
lence to any policeman or officer of the city in the execu- 
tion of his duty, or any person summoned to aid in mak- 
ing an arrest, shall be deemed guilty of riotous conduct, 
and shall be fined not less than one nor more than one 
hundred dollars. 

Article 1040. Resisting or Interfering With an Offi- 
cer in the Discharge of His Duty. — Any person who as- 
saults, strikes, or in any manner opposes, molests, abuses 
or interrupts any officer of the city, or policeman in the 
execution of his duty, shall be fined not less than one nor 
more than one hundred dollars. 

Article 1041. Disturbing Persons in Public Assem- 
bly. — Any person who by rude or indecent behavior, or 
by profane or obscene language, disturbs any person in 
any public assembly for the purpose of amusement, in- 
struction or recreation, shall be fined not less than one 
nor more than one hundred dollars. 

Article 1042. Disorderly Conduct in Public Assem- 
blies. — Any person, who by boisterous talking, whistling, 
or any rude or indecent act or conduct, disturbs the audi- 
ence of any show, theater or exhibition, performance or 
other lawful assembly or public meeting, shall be fined 
not less than one nor more than one hundred dollars. 

Article 1043. Keeping a Noisy House. — The owner, 
lessee or proprietor of any house who makes, causes, per- 
mits or suffers to be made therein any loud or improper 
noises, or who collects or permits to be collected therein 
any drunken, noisy or disorderly persons, to the annoy- 
ance or disturbance of the neighborhood, shall be fined 
not less than one nor more than one hudnred dollars. 

Article 1044. Breaking Horses or Mules on the 
Streets. — Any person who breaks, or attempts to break, 
any horse or mule or other animal upon the streets or who 
shall exercise in harness or attempt to exercise in harness 
any wild or unruly horse or mule or other animal upon 


CITY OF BEAUMONT. 


347 


the streets, shall be fined not less than one nor more than 
one hundred dollars. ; 

Article 1045. Wantonly Causing Collision of Vehi- 
cles. — Any person who wantonly, wilfully, maliciously or 
carelessly causes or suffers any railroad car, carriage, 
wagon, cart, dray, bicycle or other vehicle or any animal, 
to come in collision with any vehicle, animal or person, 
shall be fined not less than one nor more than one hundred 
dollars. 

Article 1046. Carelessly Using Lights in Stables or 
Barns. — Any person who carries or makes use of any 
lighted candle or lamp in any stable or barn without hav- 
ing the same secured in a safe lantern, or other means to 
avoid accidents from fire shall be fined not less than one 
nor more than one hundred dollars. 

Article 1047. Depositing Ashes in or on Wood. — Any 

person who places or puts ashes in a wooden receptacle 
of any kind in a dwelling house, warehouse or other build- 
ing, or upon any wooden floor, shall be fined not less than 
one nor more than one hundred dollars. 

Article 1048. Endangering Cotton or Other Inflam- 
mable Materials. — Any person who carries any burning 
coal, or brand, or lighted cigar, pipe, or cigarette into 
any warehouse or other buildings in which cotton of other 
inflammable material is stored, compressed or ginned, 
shall be fined in any sum not less than one nor more than 
one hundred dollars. 

Article 1049. Carelessly Storing Hay, Straw, etc. — 

Any person who puts or keeps, or causes to be put or kept, 
any hay, straw, fodder, or shucks in any stack or pile 
without having the same enclosed or secured so as to be 
protected from sparks of fire shall be fined not less than 
one nor more than one hundred dollars. 

Article 1050. Burning Trash, Shavings, etc.— Any 
person who burns, or causes to be burned, any trash, 
shavings, straw or other combustible substance in any 
street or yard, unless it be done in the day time and at 


348 


CHARTER AND ORDINANCES 


least twenty feet from any building or fence or lumber or 
woodyard, shall be fined in any sum not less than one nor 
more than one hundred dollars. 

Article 1051. Discharging Missiles. — Any person 
who discharges gravel, marbles, shot or anything out of a 
gravel shooter, blow gun, rubber sling, or other device or 
implement of like kind or character, shall be fined not less 
than one nor more than one hundred dollars. 

Article 1052. Refusing or Neglecting to Remove 
Dangerous Structures. — Any person who neglects or re- 
fuses for twenty-four hours to remove any chimney, wall 
or other part of any building or structure which has be- 
come or may become dangerous to passersby, or to per- 
sons on the premises, or to adjoining property, after re- 
ceiving due notice to do so from the Mayor, or other au- 
thorized city officer, shall be fined not less than one nor 
more than one hundred dollars. 

Article 1053. Leaving Wells, Cisterns, etc., Open. — 

Any person who permits, on premises owned or occupied 
by him, any well, cistern or other excavation to remain 
open or uncovered, to the danger or others, shall be fined 
not less than one nor more than one hundred dollars. 

Article 1054. Tying Animals to or Injuring Shade 
Trees. — Any person who ties or fastens any animal to any 
shade tree or to the box around any tree planted or grow- 
ing in any street or public place, or who cuts, breaks, dis- 
figures or damages such trees, shall be fined not less than 
one nor more than one hundred dollars. 

Article 1055. Sleeping Upon Streets or Sidewalks. — 

Any person who sleeps upon any street or sidewalk in this 
city, shall be fined not less than one nor more than one 
hundred dollars. 

Article 1056. Removing Landmarks and Street 
Signs. — Any person who removes any post, stake or other 
mark indicating the lines of any street or alley, or who 
pulls down, removes or defaces any board, sign or plate 
indicating the name of any street shall be fined not less 
than one nor more than one hundred dollars. 


CI1 1 T OF BEAUMONT. 


349 


Article 1057. Accompanying Lewd Women. — Any 
person who rides or walks through or along any street or 
sidewalk, or other public place (not being an officer in 
the discharge of his duty) with any prostitute or woman 
of ill-fame, shall be fined not less than one nor more than 
one hundred dollars. 

Article 1058. Indecent Apparel or Lewd Conduct in 
Public. — Any person who walks upon the streets or side- 
walks in decently attired, or who stands or sits at the door 
or gate or on the steps of his or her house in an indecent 
position or lewd manner shall be fined not less than one 
nor more than one hundred dollars. 

Article 1059. Appearing in Public in a State of Nudi- 
ty or in the Dress of the Other Sex. — Any person who ap- 
pears in public in a state of nudity, or who appears in 
public in the dress of the other sex, or in any indecent or 
lewd manner, shall be fined not less than one nor more 
than one hundred dollars. 

Article 1060. Indecent Exposure of the Person, etc. 

— Any person who exposes his person in an indecent man- 
ner, or who does any obscene or indecent act in any street 
or public place or in the presence of any person in this 
city, shall be fined not less than one nor more than one 
hundred dollars. 

Article 1061. Possessing Burglarious Instruments, 
etc. — Any person who has in his possession any imple- 
ment or instrument designed and intended by him to aid 
in the commission of any burglary or larceny, or for pick- 
ing a lock, shall be fined not less than one nor more than 
one hundred dollars. 

Article 1062. Refusing to Assist Officer. — Any per- 
son who having been summoned or commanded by any po- 
liceman or other officer having authority to assist such 
officer in making an arrest, or in executing any other 
duty devolving upon him under any law of the city in re- 
lation to public offenses within the city or refuses or neg- 
lects to obey such summons or command, shall be fined 
not less than one nor more than one hundred dollars. 


350 


CHARTER AND ORDINANCES 


Article 1063. Minors Obtaining Liquors by Decep- 
tion. — Any minor who shall in this city obtain or endeavor 
to obtain any vinous, spirituous or malt liquors from any 
retail liquor dealer, his agent or employee by means of 
any false representations, pretense or statement to the re- 
tail liquor dealer, his agent or employee, that such minor 
has attained his majority, or is twenty-one years of age 
or more, shall be fined not less than one nor more than 
one hundred dollars. 

Article 1064. Aiding Minors to Obtain Liquor by 
False Statements. — Any adult in this city, who shall make 
to any retail liquor dealer, his agent or employee, any 
false pretense, statement or representation as to the age 
of a minor, with the intent and purpose to induce such 
retail liquor dealer, his agent or employee to give, deliver 
or sell any vinous, spirituous or malt liquors to such 
minor, shall be fined not less than one nor more than one 
hundred dollars. 

Article 1065. Tramps —Any able-bodied person over 
sixteen years of age who is found begging or subsisting 
upon charity; or who enters, or who attempts to enter 
any dwelling house, or to go upon the premises of an- 
other against the will of the owner, occupant or person 
in charge thereof, or having entered any house or gone 
upon such premises, persists in remaining against the con- 
sent of the owner, occupant or person in charge thereof, or 
who takes possession of any school house, out house or 
other building, either public or private, for the purpose 
of spending the night therein; or who shall kindle a fire 
in such building or on the land of any person, on any 
street, public highway or common, shall be considered a 
tramp, and shall be fined not less than one nor more than 
one hundred dollars. 

Article 1066. Sprinkling Foot Crossings. — Any per- 
son in charge of a street sprinkling water cart who shall 
sprinkle the foot crossings on any street in the city shall 
be fined ten dollars. 

Article 1067. Street Walking, etc. — It shall be un- 
lawful for any female known as a courtesan, prostitute, 


CITY OF BEAUMONT. 


351 


bawd or lewd woman, or any female inmate of a bawdy 
house or house of prostitution, or assignation, brothel or 
disorderly house, as defined by the Penal Code of the 
State, to wander about the street in the night time, or 
to go into beer houses or places of public resort, or to be 
employed to sing or dance in such house or place, or be 
employed as a beer carrier or waiter girl in any such 
house or place, and any person offending against the pro- 
visions of this article shall be fined not less than five nor 
more than one hundred dollars. 

Article 1068. Public Plying of Vocation by Prosti- 
tution— It shall be unlawful for any female known as a 
prostitute, bawd, courtesan or lewd woman, to ply, or seek 
to ply, her vocation by word, sign or action, on the streets, 
alleys or in any public place, or at the door or window of 
any house or rooms. Any person offending against the 
provisions of this article shall be fined not less than five 
nor more than one hundred dollars. 

Article 1069. Duty of Policemen and Chief of Po- 
lice. — It shall be the duty of all policemen in the city, 
whenever they become aware of any violation of the two 
preceding articles, to immediately arrest the offenders, 
and failure of any policeman to do so shall subject him to 
a fine of not less than $5.00 nor more than $100.00. 

Article 1070. Barbed Wire Fences Prohibited. — 

That all persons are hereby prohibited from placing 
barbed wire fences around their property and premises 
within the corporate limits of the City of Beaumont. 

Article 1071. Penalty.— Any person violating any of 
the provisions of the preceding cirtime, shall upon con- 
viction in the Recorder’s Court, be fined in any sum not 
less than one dollar nor more than one hundred dollars, 
and each day such fence shall remain shall be deemed a 
separate offense. 

Article 1072. Court House Square, Curb Walls, etc. 

— That it is hereby declared unlawful for any person or 
persons to sleep in the enclosure of the Court House of 
Jefferson County, Texas, situated in the City of Beau- 


352 


CHARTER AND ORDINANCES 


inont, or walk upon the grass in said square,, other than 
the regular walks made and provided by the Commission- 
ers’ court of said county; and no person shall paste or 
fasten any play bill or other advertising matter of any 
character whatever upon the curbwall, the sidewalk of 
the coping surrounding the court house of Jefferson 
County, Texas, nor make any sign or lettering thereon. 

Any person who shall violate any provision of this 
article shall be deemed guilty of a misdemeanor, and upon 
conviction in the Recorder’s Court, shall be fined in any 
sum not less than one dollar nor exceeding ten dollars. 

Article 1073. Tacking of Tin Signs on Bridges and 
Sidewalks. — That all persons are hereby prohibited from 
tacking or nailing any tin signs upon any of the bridges, 
approaches to bridges or sidewalks of the city of Beau- 
mont. 

Article 10?4. Penalty. — That any person violating 
any of the provisions of the above article shall be fined, 
upon conviction in the Recorder’s Court, in any sum not 
less than one nor more than twenty-five dollars. 

Article 1075. Defacing Any Bridge. — Any person or 
persons who shall deface any bridge in the city of Beau- 
mont by painting signs on same, or who writes or prints 
figure*, or characters on said bridges, or otherwise de- 
faces same, shall be fined not less than five nor more than 
one hundred dolalrs. 

Article 1076. Use of Air Guns, '‘Nigger Shooters,” 
etc., Prohibited. — That any person who shall shoot an air- 
gun, “nigger shooter” or catapult, or such like device, or 
shall hurl or throw any missile by the use of any air gun 
or implement having rubber as motive power, in or across 
or near to any public square, street or alley within the 
limits of Beaumont, shall be fined in any sum not ex- 
ceeding one hundred dollars. 

Article 1077. Certain Bands of Music Prohibited 
from Playing on Streets. — The playing of bands upon the 
streets or in other public places in the city of Beaumont, 
with a view of taking up a collection from the by-standers 


CITY OF BEAUMONT. 


353 


by some one, for the benefit of the members composing 
said band, is hereby declared to be a nuisance and un- 
lawful. 

Article 1078. Every Member Subject to Fine. — 

Every member of a band of musicians that shall play upon 
the streets or street or in a public place in the City of 
Beaumont, with a view of taking up or having taken up 
a collection from the by-standers, shall be guiity of com 
mitting a nuisance; provided, that this shall not be con- 
strued to apply to religious organizations that conduct 
their services in the streets or in other public places. 

Article 1079. Penalty. — That every person who shall 
violate either of the two preceding articles, by playing in 
such band, shall be fined not less than one dollar nor 
more than one hundred dollars. 

Article 1080. Unlawful Conversation with Prisoners. 

— It shall be unlawful for any person on the outside of the 
city prison to hold any conversation with any of the in- 
mates therein confined without first obtaining permission 
of the jailor; and any person who violates this article 
shall, upon conviction, be fined in a sum not less than two 
nor more than ten dollars. 

Article 1081. Driving Rapidly. — Any person who 
shall run or be in any way concerned in running or driv- 
ing any horse, or horses, or other teams upon or along 
any of the streets, alleys or other public grounds of 
this city at a faster rate than six miles an hour, or faster 
than is prescribed by the traffic ordinances, they shall be 
fined in any sum not exceeding one hundred dollars. 

Article 1082. Officers Failing to Arrest Offender; 
Penalty. — Any peace officer who hears, witnesses or is 
credibly informed of any violation of any of the provis- 
ions of this Revised Code of Ordinances, and who fails, or 
refuses to make complaint against and prosecute the of- 
fending person, or persons, shall be deemed guilty of a 
misdemeanor and shall, upon conviction, be fined not ex- 
ceeding one hundred dollars. 

Article 1083. Mayor, Aldermen, City Attorney, 


354 


CHARTER AND ORDINANCES 


Peace Officer, etc., Shall Report Officer. — It is liereby 
made the special duty of the Mayor, aldermen, or either of 
them, the city attorney, and any peace officer to make 
complaint in the city court against any officer violating 
the provisions of the preceding article. 

PROVISIONS FOR PRESERVATION OF PROPERTY. 

Article 1084. Injuring Waterworks Property.— Any 
persons who unlawfully, wilfully, maliciously, injureSi de- 
faces or destroys any reservoir, machinery, pipes, hy- 
drants or other fixtures belonging to the waterworks in 
the city of Beaumont shall be fined not less than one nor 
more than one hundred dollars. 

Article 1085. Injuring Gas Works or Electric Light 
Property. — Any person who unlawfully, wilfully or mali- 
ciously injures, defaces or destroys any machinery, lamp, 
meter, pipe, wires or other fixtures belonging to or con- 
nected with the waterworks or any gas or gas light com- 
pany, or electric light company, or telegraph or telephone 
company, or other person or company, operated in the 
City of Beaumont shall he fined not less than one nor 
more than one hundred dollars. 

Article 1086. State Convicts Shall Not be Employed 
on Public Works. — No state convict shall be allowed or 
permitted to work or to be employed in any public place 
within the city limits, and any person, contractor, ser- 
geant or guard who shall employ or work any state con- 
victs within the city limits, or who shall guard state con- 
victs employed within said city limits, shall be fined not 
less than five nor more than one hundred dollars. 

Article 1087. Unlawfully Running Locomotive En- 
gines. — Any person who causes, permits or suffers any 
locomotive engine to run within the limits of the city at a 
greater rate of speed than six miles per hour, or who 
causes, permits or suffers any locomotive engine or train 
to run or move in the night time without having a head- 
light, or who shall cause, permit or suffer any locomotive 
engine or train to run without causing the proper signals 
to be given, shall be fined not less than one nor more than 
one hundred dollars. 


CITY OF BEAUMONT. 


355 


Article 1088. Introducing Contagious or Infectious 
Diseases. — Any person who brings or aids in bringing 
into the city upon any steamboat, railroad car or other 
conveyance, or in any other manner, any person having 
any contagious or infectious disease shall be fined not 
less than one nor more than one hundred dollars. 

Article 1089. What Shall be Beneath Stoves. — It 

shall be the duty of all persons using a stove or stoves, 
in any house, store, shop or building, within the corpor- 
ate limits of the city, to have a platform of stone, brick, 
sheet iron or earth under the said stove or stoves, ex- 
tending at least six inches in every direction beyond the 
part of the lower plate that fronts the door or doors of 
said stove or stoves ; and any person failing to observe or 
conform to this direction shall be liable to a fine not ex- 
ceeding* five dollars for each and every day the same shall 
be used. 

Article 1090. Peace Officer Failing to Report Gam- 
ing. — If any peace officer within the city of Beaumont 
shall know or have good reason to believe from informa- 
tion received from credible parties or otherwise that any 
person or persons are committing or are about to commit 
any violation of the gaming laws, and shall neglect or 
fail to give information thereof and make complaint to 
the city attorney, mayor or recorder, he shall be fined not 
less than twenty-five nor more than one hundredHollars ; 
and if he be the chief of police, or a member of the police 
force of the city, he shall, in addition to such fine, be sus- 
pended from office. 

Article 1091. Fines and Penalties Not Otherwise 
Provided. — Whenever in the ordinances of this city, or in 
either of such ordinances, the doing of any act, or the 
omission to do any act or duty, is declared to be a breach 
of any r either of said ordinances, and there shall have 
been no fine or penalty declared for any such breach, any 
person r persons guilty of any such breach shall be fined 
in any n not to exceed one hundred dollars. 

Article 1092. Foregoing Articles Shall Not Affect 


356 


CHARTER AND ORDINANCES 


Sanitary Rules, Regulations, etc. — Should any of the fore- 
going articles included under the general heading of Mis- 
cellaneous Offenses conflict with any rule, regulation or 
ordinances of this city or of the City Health Officer or 
the penalties thereby or therein prescribed, such rules, 
regulations or ordinances of this city or of such City 
Health Officer shall control as to sanitary matters, and 
nothing in this chapter shall be held to conflict with any 
of such sanitary rules, regulations or ordinances, whether 
adopted by the City Council or by such Health Officer. 


INDEX TO CIVIL AND PENAL 
ORDINANCES 


Index to Civil and Penal Ordinances 

A. 

Art. Page 

ABSTRACT. 

See Taxation. 

ACCIDENT. 

See Traffic Regulations. 

ACCOUNTS. 

Shall not be paid to parties owing taxes 400 164 

See City Finances. 

ACCOUNTING SYSTEM. 

See City Finances. 

ACROBATIC SHOWS. 

Occupation tax on 401-417 164-176 

ACCUSATION. 

Form of, in Corporation Court 308 95 

ADVERTISEMENTS. 

On poles prohibited ...•• 221-998 65-336 

Variety shows prohibited from 924 313 

See Sidewalks and Streets. 

Stock Policemen. 

Animals and birds. 

AIR GUNS. 


Unlawful to shoot across streets 1076 352 

ALDERMEN. 

Salary of • 301 91 

Shall file complaints against officers 

failing to make arrests 983 333 


See also rules. 

ANIMALS. 

See Sidewalks and Streets. 
Animals and birds. 

Traffic Regulations. 
Miscellaneous offenses. 

ANIMALS AND BIRDS. 


Stock limits for 862 3U0 

Unlawful to allow animals to run at large 863 301 

Public pound for 864 301 


Method of redeeming impounded animals 865 


302 


CITY OF BEAUMONT. 


ANIMALS AND BIRDS. Art. 

Animals killed if not sold 866 

Exemptions 867 

Unlawful to display for sale on streets 86S 
Penalty for displaying for sale 869 


Unlawful for stable animals to disturb 870 
Overloading, abusing or highchecking. . 871 

Owner liable for cruelty to animals. . 872 

Police or citizen may uncheck animals 873 
Bringing diseased animals into city ... 874 

Selling diseased animals at auction -875 


Wounded animals to be killed 876 

Chief of Polce to report animals killed 877 
Using animals or vehicles without con- 
sent 878 

Fast driving over bridges 879 

Dogs not to run at large without license 880 

License fee and tags for dogs 881 

Dogs to be taken up, exception 882 

Dogs shall be sold or killed, when 883 

Deposit of money collected for dogs . . . 884 

Vicious dogs not to run at large 885 

Bitches in heat not to run at large • • . 886 

Penalty as to dogs 887 

Proceeds of sale of stock 88S 

Pigeons • • 889 

Unlawful to sell native birds, exception 890 

Unlawful to catch wild birds 891 

Penalty as to birds 892 

Removal of dead animals 893 

Penalty as to removal of dead animals 894 


Shall not tie animals to shade trees. . 1054 
See also Traffic Regulations. 

Sidewalks and Streets. 

APPEAL. 

From Fire Marshal’s decision 283 

From decision of Board of Appraisement 384-8 


III 

Page 

302 

302 

302 

303 
303 
303 

303 

304 
304 
304 

304 

305 

305 

305 

305 

305 

306 
306 
306 
306 
306 
306 

306 

307 
307 
307 
307 

307 

308 
348 


86 

146-173 


IV 


INDEX TO CIVIL AND PENAL ORDINANCES. 


APPEAL. 

From decision of Building Inspector.. 
See Corporation Court; Procedure; 
Taxation; Building Regulations. 

appraisement. 

See Taxation. 


Art. 


52: 


Page 

207 


ARC LAMPS. 

See Building Regulations. 

ARREST. 

Duty of officer on making 44 

Of suspicious persons 59 

To be brought before Corporation Court 73 


Without warrant, when 76 24 

Fire Marshal may cause, when 280 85 

Prohibiting causing on frivolous or ma- 
licious charges 1038 345 

Prohibiting inciting resistance to 1039 345 


ASSESSMENTS. 

See Taxation. 

ASSESSMENT ROLLS. 


See Taxation. 


ASSESSOR AND COLLECTOR. 


Duties of 

Salary of 

Shall take receipt when retiring 

Shall make reports, when 

Shall prepare tax lists 

.Shall accept rendition or list, when.... 
Not required to accept rendition, unless 

Shall 'list each tract separately •. 

Shall list improvements 

Form of oath of, to rolls 

Shall assess at full value 

May reassess, when 

Shall keep abstract books 

Shall bind assessment sheets 

Appraisers to meet in office of 

Appraisers to examine rolls of 


15 

10 

301 

91 

353 

111 

362 

114 

382-1 

143 

382-2 

143 

383-2 

144 

383-3 

144 

383-5 

145 

383-5 

145 

383-6 

145 

383-6 

145 

383-7 

146 

383-8 

146 

384-2 

147 

384-5 

148 


CITY OF BEAUMONT. 


ASSESSOR AND COLLECTOR. Art. 

Shall prepare three lists 385-1 

How to prepare rolls 385-2 

Shall certify to rolls 385-3 

Form of certificate to rolls 385-3 


Secretary shall charge amount to ... 385-6 

Shall prepare and complete rolls, when 3y-l 


Shall have receipt blanks 587-2 

Shall give receipt to tax payer 387-2 


Shall prepare delinquent roll, when ....388-1 


Shall note payment on delinquent roll 388-2 
Shall prepare separate roll for Attorney 388-3 

May refuse receipt, unless 388-3 

Violation of ordinances is malfeasance 
of •• 388-3 


Shall furnish copy of asesssments, when 391 
Shall seize and sell personality, when 392 
Shall issue occupation tax receipts 393-2 


Shall force occupation tax 393-3 

Shall make monthly reports 394 

May appoint deputies . • 395 

May divide assessments, when 396 

Shall assess property escaping taxa- 
tion • • 397 


Shall assess property not rendered .... 398 

Shall keep record of vehicles licenses. . 775 

Shall collect fees from motor vehicle op- 
erators • • 831 

Shall register sales of licensed vehicles 834 
Shall collect license from dance houses 1018 
See also Taxation — Traffic Regulations. 


ASHES. 

Prohibiting deposit of, on wood ........ 998 

ASSIST. 

Unlawful to refuse officer 1062 

ATTORNEY. 

Duties of • • 14 

Oath and bond of 13 


Page 

149 

149 

150 

150 

151 

152 
152 

152 

153 
153 
153 
153 

153 

160 

161 

162 

162 

162 

162 

163 

163 

163 

279 

293 

295 

340 


336 

349 . 


10 

9 


VI 


INDEX TO CIVIL AND PENAL ORDINANCES. 


ATTORNEY. Art. Page 

Shall give legal advice to officers 299 90 

Salary of 301 91 

Shall not Nolle Prosequi, unless 322 102 

Assessor and Collector to prepare rolls 

for 388-3 153 

Shall file suits for taxes 388-3 153 

failure of,* to* file suits, is malfeasance 388-3 153 

Fees of, in tax suits 388-10 157 

Shall file complaints agrainst officers 

failing to arrest 1083 353 


AUCTION. 

See Sidewalks and Streets; Animals and Birds. 

AUCTIONEER. 

Occupation tax on 401-3 165 

AUTOMATIC SPRINKLING. 

See Water. 

AUTOMOBILES. 

See Traffic Regulations. 

AWNING. 

See Traffic Regulations. 

B. 

BADGES. 


For linemen and lampmen ....... 


77 

BAGGAGE. 



Unlawful to lounge on 


332 

Injury to, prohibited 

1015 

340 


BAGGAGE MASTER. 

See Railroads. 

BAIL. 

Prisoners may give cash, when . 45 4 $ 

Amount of cash bail 46 50 

Peceiut for cash 47 50 

Pash remitted, when 49 51 

Prisoners confined, unless given 70 63 

BAKE OVENS. 

See Building Regulations. 

BALLOTS. 


See Railroads. 


1 




CITY OF BEAUMONT. VII 

BANDS. Art. Page 

Certain bands, prohibiting playing of.. 1077 352 

Each member of, subject to fine 1078 353 

BARBED WIRE. 

Prohibiting fences of, in city 1070 351 


BARRICADES. 

See Sidewalks and Streets. 

BARNS. 

Prohibiting careless use of lights in.... 1046 347 

BASEMENTS. 

See Building Regulations. 

BETTING. 

Prohibiting enticing to bet 1030 344 

BICYCLE. 

See Sidewalks and Streets; Parks; 

Traffic Regulations. 

BILLIARDS. 

Occupation tax on 401-8 165 

BILL POSTERS. 

Occupation tax on 401-43 171 

BIRDS. 

See Animals and Birds. 

BIRTHS. 

Physicians shall report to Health Oficer 114 23 


BOARD OF APPEAL. 

Creation of 523 207 

Oragnization and powers of 524-526 207 


See also Building Regulations. 

BOARD OF APPRAISEMENT. 

See Taxation. 

BONDS. 


Of cement sidewalk contractor 615 231 

Of electrical workers •• 1001 337 

See also bonds of officers. 

BONDS OF OFFICERS. 

Of Mayor '. • 8 R 

Of Attorney 13 s 

Of Assessor and Collector 16 11 


VIII INDEX TO CIVIL AND PENAL ORDINANCES. 


BONDS OF OFFICERS. 

Art. 

Page 

Of Treasurer 

17 

11 

Of Chief of Police • 

55 

19 

Of Secretary 

79 

25 

Of Street Commissioner 

88 

27 

Of Engineer 

90 

27 

Of Sanitary Commissioner 

, 218 

64 

Of Electrician 

246 

73 

Of Scavenger 

235 

69 

Of Purchasing Agent • • 

273 

83 

Of Building Inspector 

277 

83 

Of Water and Gas Meter Inspector 

289 

'88 

Of Recorder 

312 

96 

Of Clerk 

313 

97 

Of Depot or Baggage Master, as officer 

689 

255 

BONE BOILERS. 



Prohibited in city 

991 

335 

BOUNDARIES. 



(Of City, see Charter). 



Of wards 

302 

93 

Of sewer district 

404 

173 

Of fire district and brick, stone and 



corrugated iron limits 

.419 

176 

Of speed limits 

821 

290 

Of wholesale liquor district 

960 

323 

Of retail liquor district 

965 

326 

BRICK 



See Building Regulations. 



BRICK LIMITS. 



See Fire District. 



BRICKYARDS. 



Prohibited in 300 feet of residences, 



etc • ■ 

991 

335 

BRIDGE COMMITTEE. 

See Sidewalks and Streets. 



BRIDGES. 



t 

Fast driving on prohibited 

879 

305 

Tacking tin signs on prohibited 

1073 

352 


CITY OF BEAUMONT. 


BRIDGES. 


Animals and Birds. 

BUILDING INSPECTOR. 


Sen Building Regulations. 

BUILDING REGULATIONS. 


Officers have right to enter premises 


Damage to frame buildings in fire dis- 


Height of stories 


Definition of store or warehouse 


Buttresses 


Art. 

Pa 

1074 

352 

ys; 


275 

S3 

275-277 

83 

275 

83 

276 

83 

277 

83 

277 

83 

424 

178 

425 

178 

426 

179 

427 

179 

428 

180 

429 

ISO 

430 

180 

431 

181 

432 

181 

433 

181 

434 

182 

435 

182 

436 

182 

437 

183 

438 

183 

439 

184 

440 

184 

441 

185 

442 

185 

443 

185 

444 

185 

445 

185 

446 

185 

447 

186 


X 


INDEX TO CIVIL AND PENAL ORDINANCES. 


BUILDING REGULATIONS. 

Walls of two-story business houses and 

dwellings 448 

Fire walls on brick or stone buildings.. 449 

Fire walls in business buildings 450 

Chimneys and flues • • . . 451-45 

Foundations 454 

Piling 455 

Heading course 456 

Hollow walls • • 457 

No timber in walls 458 

Piers 

Backing of iron fronts 

Sky lights 461-462 

Leaders '. . . 463 

Cornices, gutters, etc • • 464 

Roofs to be accessible 

Stand pipes .* 4 86 

Hose to be supplied 467 

Hose to be approved 

Stand pipe connections 

Check valves .470 

Water supply 471 

Pumps . 472 

Responsibility for failure to comply with 473 

Auxiliary fire appliances 474 

Woodwork to clear flues • • 475 

Strength of floors . . . . v 476 

Wooden lintels 477 

Joists in brick walls 487 

Joists and girders 479 

Brick *... 480 

Recesses 

Fire proof doors and shutters 482 

Fire escapes 

Fire escapes located by whom 484 

Unlawful not to erect fire escapes . . 

Fire escapes to be kept in repair ...... 


Art. 

Page 

448 

186 

449 

186 

450 

187 

>1-453-492 

187-188-198 

454 

188 

455 

189 

456 

189 

457 

189 - 

458 

189 

459 

190 

460 

190 

461-462 

190 

463 

190 

464 

191 

465 

191 

486 

191 

467 

192 

468 

192 

469 

192 

.470 

193 

471 

193 

472 

193 

473 

194 

474 

134 

475 

194 

476 

194 

477 

195 

487 

195 

479 

195 

480 

196 

481 

196 

482 

196 

483 

196 

484 

197 

485 

197 

486 

197 


CITY OF BEAUMONT. 

BUILDING REGULATIONS. Art. 

Awnings 487 

Exits • • 488 

Chimneys in . brick walls 489 

Heating apparatus 490 

Furnaces and ranges 491 

Elevator shafts 493 

Flats and tenement houses 494 

Temporary rough floors • • . 495 

Veneered buildings 496 

Openings basements • • 497 

Foundation walls 498 

Piers • • 499 

Foundation walls of brick residences.. 500 

Unsafe structures to be torn down 501 

Sidewalks kept clear — coverings . .. 502 

Penalty • • 503 


Inspection in course of construction . . . 504 

Electric signs iiermitted — construction.. 505-506 


Permits for sign? 507 

Defective signs to be repaired . 508 

Indemnity to city 509 

Penalty 510 


Refusing to move w-ooden buildings . . . 511 

No wooden allowed in Fire District.. 512 


What constitutes a wooden building.... 513 
Unlawful to erect wooden buildings, when 514 
No front sheds or posts in Fire Dis- 
trict •• 515 

Shall not obstruct fire hydrants 516 


Awnings to be seven feet from ground 517 
Obstructing sidewalks with building 


material 518 

Leaving excavations and obstructions 

in streets • 519 

Failure to remove dangerous structures 520 

Leaving openings uncovered 521 

Tents and wagons 522 


XI 

Page 

197 

197 

198 
198 
198 
198 

198 „ 

199 
199 
199 

199 

200 
200 
200 
201 
201 
201 

202-203 

203 

203 

203 

204 
204 
204 
204 

204 

205 
205 
205 

205 

206 
206 
206 
206 


XII INDEX TO CIVIL AND PENAL ORDINANCES. 

BUILDING REGULATIONS. Art. Page 

Creation of Board of Appeal 523 207 

Organization of Board of Appeal 524 207 

Applicants 525 207 

Powers of Board of Appeal 526 207 

Electric Theatres ...•• 527-533 208-210 

Furnace pipes 534 210 

Hot air pipes • • 535 210 

Hot air registers 536 211 

Wooden casings • • 537 211 

Furnace coverings 538 212 

-Bake ovens •• 539 212 

Cold air boxes 540 212 

Permits for furnaces 541 212 

Inspections 542 212 

Unlawful to install heating apparatus, 

unless • • . 543 213 

Metal plate for elevators • • 544 213 

Qualifications of elevator operators . . 545 214 

Responsibility for incompetent elbvator 

operators • • 546 214 

Elevator hatchways, how closed 547-548 214 

Automatic speed governor 549 215 

Definition of Passenger Elevator 550 215 • 

Automatic trip, cable and brake 551 215 

Terminal stops, wdien 552 215 

Electric brakes, how applied 553 215 

Safety device on cables 554 216 

Cables, how constructed 555 216 

Head room above car . • 556 216 

- Double set of guide posts, when 557 216 

Elevator built in well hole, when 558 216 

Power of Inspector 559 216 

Penalties • 560 217 

See also Building Inspector; Buildings; 

See Traffic Regulations; Railroads; 

Fire Escapes 

BUILDINGS. 

Fire Marshal may enter and examine 282-283 86 


CITY OF BEAUMONT. 


XIII 


BIULDINGS. Art. Page 

Defects and dangers ordered corrected 283 86 

» 

Inspection of, by Fire Chief 330-336 105-106 

Injuring or defacing, prohibited 1031 344 

Penalty for failure to remove, etc.... 1052 348 


See also Cotton; Explosives; Fire 

District: Building Regulations 

BURGLARIOUS INSTRUMENTS. 

Possession of prohibited 1061 349 

BUTTRESS. 

See Building Regulations. 

C 

CABLES. 

See Building Regulations. 

CANNON CRACKERS. 

Occupation tax on 401-45 171 

CARRIAGES. 

See Hacks, Carriages and Drays; Traffic 
Regulations; Sidewalks and Streets; 

Railroads. 

CARS. 

See Street Railways; Railroads. 

CARTS. 

For hauling slops, regulated 229 "67 

CASINGS. 

See Building Regulations. 

CATTLE. 

See Animals and Birds. 

CEMENT SIDEWALKS. 

See Sidewalks and Streets. 

CERTIFICATES. 

See Taxation. 

CHAFFUERS. 

See Traffic Regulations. 

CHIEF OF POLICE. 

See Police Department. 

CHIMNEYS. 

See building Regulations. 

CIRCUSES. 

Occupation tax on 410-15 167 

See Sidewalks and Streets. 


XIV 


INDEX TO CIVIL AND PENAL ORDINANCES. 


CISTE,RNS. 

Must be screened .« 

<• 

Prohibiting leaving open . . . • • 

CITY COUNCIL. 

Minutes of, kept by Secretary . 

Engineer to attend and report to 

May adopt health measures 

May declare uarantine, when 

May remove grass and weeds and tax 

costs, etc • • 

Electrician to report to 

Purchasing agent under control of .... 
Has direction of Water and Gas Meter 

Inspector ...... 

May cause other accounts to be kept.. 


Shall approve reports of officers... 

, .. 362-364-366 

114-119-120 

May allow credits by Secretary . . , 

376 

140 

Shall direct paying out of money . 

363 

114 

Shall levy special school tax 

380 

142 

Shall pass on tax rolls, ®tc 

385-i 

1S1 

May hear and determine appeals 

from 

• 

Board of Appraisers 


149 

Shall order railroad work, when . 

706 

261 ♦ 


May have railroad work done and charge 

to company 706 261 

May order railroad tracks removed, 

when 711-714 . Z62-263 

See also Street Railways; Rules 
Sidewalks and Streets. 

CITY FINANCES. 


Art. 

Pa 

1005 

338 

1053 

348 

82 

25 

103 

31 

125 

37 

127 

37 

131 

33 

246 

73 

271 

82 

287 

88 

360 

113 


Secretary shall procure books 350 ill 

Secretary shall keep accounts .... 351 ill 

Books to be properly indexed 352 m 

Retiring collector to take receipts, etc 353 ill 

Treasurer to register claims 354 112 

No claims paid unless registered 354 112 

Registering and auditing claims by 

classes 355 112 


CITY OF BEAUMONT. XV 

CITY FINANCES. Art. Page 

Claims, how registered 356 112 

Claims, how numbered 357 112 

Claims, how paid off 358 112 

Funds classed, how 359 113 

Council may cause other accounts kept 360 113 

Scrip to be indorsed when transferred 361 113 

Chief of Police and Collector to make 

report 362 114 

Treasurer to receive and pay out money 363 114 

Depositories (See Extracts, this chapter) 

Treasurer to make reports 364 119 

Requisites of Treasurer’s reports 364 119 

* Treasurer to pay out no money, except 365 120 

Warrants shall bear no interest 365 120 

Council shall examine reports, when* . . . 366 120 

Reports and vouchers to be filed 367 120 

Reports shall be sworn to 368 120 

Reports must be filed, when 369 120 

Claims and vouchers to be cancelled.. 370 121 

S 

Treasurer shall pay certificates.- 371 121 

Method of accounting and making re- 
ports • • 372 121 

Classifications •• 372 121 

Books and forms 372 121 

Reports to conform to accounting sys- 
tem • * 373 139 

\ 

Accounting system adopted ....? 374 - 149 

Money shall be deposited daily 375 140 

Credits to officers, how allowed 376 140 

CLAIMS. 

See City Finances. 

CLASSIFICATIONS. 

See City Finances. 

CLERK. 

Salary of 301 91 

See Corporation Court. 


XV] 


INDEX TO CIVIL AND PENAL ORDINANCES. 


CLOCK PEDDLERS. Art. 

Occupation tax on 401-28 

COLD AIR BOXES. 

See Building Regulations. 

COLLECTION OF TAXES. 

See Taxation. 

COLLISIONS. 

Wantonly causing, prohibited 1045 

See Hacks, Carriages and Drays; 

Traffic Regulations. 

COMMISSION MERCHANTS. 

Occupation tax on 401-4 

COMMITTEES. 

See Rules; Secretary. 

COMMITMENTS. 

See Police Department; Corporation Court. 

COMPLAINTS. 

. See Corporation Court — Procedure — 

Police Department. 

COMPROMISE. 

See Taxation. 

CONCERTS. 

Occupation tax on 401-20 

CONDUCTOR. 

See Railroads; Street Railways. 

CONGREGATING. 

See Sidewalks and Stre.ets. 

CONTAGIOUS DISEASES. 

See Diseases; Health Officer. 

CONTINUANCE. 

See Corporation Court; Procedure. 

CONTRACTS. 

May be made with Sanitary Commission- 
er 224 

CONVICTS. 

See Prisoners and Convicts. 

CORNICES. 

See Building Regulations. 


Page 

169 


347 


165 


167 


65 


CITY OF BEAUMONT. XVII 

CORPORATION COURT. Art. Page 

Arrested persons brought before 73 23 

Officers to file complaints in ....... . 74 24 

Unlawful to take to other court 73 23 

Jurisdiction of 304 95 

Open for business at all times 305 95 

Rules of practice in • * 306 95 

Who may hold 307 95 

Form of accusation in 308 95 

Pleas entered in open Court 310 96 

Time of opening 311 96 

Recorder, appointment of 312 96 

Qualification, oath and bond of recorder 312 96 

Clerk, appointment of 313 96 

Duties, oath and bond of clerk 313-310 97-98 

Office hours of clerk 313 . 97 

• Seal 314 97 

Costs, how taxed 315 98 

Jurors In 316 98 

Costs and fines in, how paid 317 98 

Clerk to make monthly reports 319 98 

Rules of procedure for 320 99 

Clerk to keep docket 321 ' 101 

What docket shall show 321 102 

Attorney not to Nolle Prosequi, unless 322 102 

Clerk and Recorder removed, when .... 323 102 

City employees not to represent violators 324 102 

Code of Criminal Procedure applies, when 325 102 

State laws apply to • • 326 102 

CORRUGATED IRON. f 

Limits for buildings of 419 176 

Corrugated Iron Building defined 420 177 

See Fire District. 

COSTS. ! 

See Corporation Court. i 

COTTON. 

Where may be stored 906 310 

Must be guarded 907 310 


XVIII INDEX TO CIVIL AND PENAL ORDINANCES. 


COTTON. Art. 

No smoking allowed where kept 907 

Unlawful to erect buildings for, ex- 
cept • 908 

Penalty 909 

Chief of Police to remove, when 910 

Prohibiting endangering • • 1048 

See Explosives. 

COTTON BROKERS. 

Occupation tax on 401-26 

COURT HOUSE SQUARE. 


Prohibiting sleeping on or molesting.. 1072 

CREDITS. 

See City Finances. 

CROSSINGS. 

Unlawful to sprinkle foot crossings.... 96G 
Street Railways; Hacks, Carriages 
and Drays. 

CROWDS. 

See Sidewalks and Streets. 

CURB. 

See Trafic Regulations; Pipes; 

Sidewalks and Streets. 

CUT STONE. 

See Building Regulations. 

D. 

DAIRIES. 

Regulations for 164-179 

See Health Officer. 

DAMAGES. • 

See Sidewalks and Streets. 

See Building Regulations. 

DANCE HOUSE. 


Definition of •• 1017 

Must obtain license for 1018. 

Duty of Proprietor of 1019 

Duties and fees of Chief of Police .... 1020 
Duties of Policemen 1021 


Page 

310 

310 

310 

310 

347 


168 

351 


327 


48-50 


340 

340 

341 
341 
341 


CITY OF BEAUMONT. XIX 

DANCE HOUSE Art. Page 

Penalty for disorderly conduct at 1022 341 


See Variety Shows; Theatres. 

DANGEROUS CHARACTERS. 

See Suspicious Character. 

DEAD ANIMALS. 

See Animals and Birds. 

* 

DEATHS. 

Physicians shall report to Health Of- 
ficer 114 33 

DEBATES. 

See Rules. 

DEFINITIONS. 

Of words and terms 2 6 

DELINQUENT ROLLS. 

See Taxation. 

DEPOSITORY. 

See Extracts from State Laws in the Chapter on 
City Finances. 

DEPOT MASTER. 

See Railroads. 

DEPUTY CHIEF OF POLICE. 

. See Police Department. 

DESCRIPTION. 

Aiding in tax suits 388-5 156 

See Taxation. 

DISEASE. 


False reports as to, prohibited 976 332 

Prohibiting introducing into city 988 334 


See Health Officer. 

DISEASED ANIMALS. 

See Animals and Birds. 

DISINFECTANTS. 

. Standard prescribed ! 190 54 

See Health Officer. 

DISINTERMENT. 


See Health Officer. 


XX INDEX TO CIVIL AND PENAL ORDINANCES. 


DITCHES. - Art. 

See Sidewalks- and Streets. 

DISTRICTS. 

See Sewer Districts; Fire Districts; Traffic 
Regulations; Boundaries; Wards; Intoxi- 
cating Liquors. 

DISTURBANCES. 

Prohibited in public assemblies 1041-1042 

DOCKET. 

See Corporation Court. 

DOGS. 

See Animals and Birds. 

DOORS. 

See Building Regulations. 

DRAINAGE. 

See Sidewalks and Streets; Health Officer 
Street Railways, Railroads. 

DRAYS. 

See Hacks, Carriages and Drays; Railroads 
Traffic Regulations; Sidewalks and Streets. 

DRIVERS. 

See Traffic Regulations; Hacks, Carriages 
and Drays. 

DRIVEWAYS. 

See Sidewalks and Streets. 

DRIVING. 

Fast driving prohibited 1081 

See Street Railways; Sidewalks and Streets; 
Hacks, Carriages and Drays. 


DUMPING GROUND. 

See Health Officer. 

DUTIES OF OFFICERS. 

Of Aldermen — See Rules. 

Of Mayor 9-12 

Of Attorney 13-14 

Of Treasurer . . .• 17-21 

Of Assessor and Collector 15 


Page 


346 


353 


8- 9 

9- 10 
11-13 
10 


/ 


CITY OF BEAUMONT. 

DUTIES OF OFFICERS. 

Of Secretary 

Of Street Commissioner 

Of Engineer 

Of Health Officer 

Of Sanitary Commissioner 

Of Health Inspector 

Of Scavenger 

Of Electrician 

Of Stock Policemen 

Of Purchasing Agent 

Of Building Inspector 

Of Fire Marshal 

Of Water and Gas Meter Inspector 

General duties of officers 

Shall not leave city without permission 
Retiring officers to deliver books, etc 
Officers shall submit books, etc. to in- 
spection 

Must keep offices where council directs 
Officers shall not deal in city obligations 
Removal of officers for malfeasance .... 

Officers to report law violations * 

Attorney to give legal advice to officers 
Officers responsible for property ...••. 
Officers shall obey orders of Mayor . . . 

Officers shall pay over money daily 

See also Assessor and Collector; Attor- 


XXI 


Art. 

Page 

78-83 

25-26 

85-88 

26-27 

90-108 

27-32 

111-216 

33-63 

218-230 

64-67 

231 

67 

234-244 

69-72 

246-267 

73-80 

268 

81 

270-274 

82-83 

275-277 

83 

278-283 

84-86 

285-289 

87-88 

291-300 

89-90 

291-292 

89 

293 

89 

294 

89 

295 

89 

296 

89 

297 

90 

298 

90 

299 

.90 

300 

90 

300 

90 

375 

140 


ney; Animals and Birds; Building Reg- 
ulations; Board of Appraisement; Build- 
ing Inspector; Board of Appeal; City Fi- 
nances; Corporation Court; Cotton; 

- Elections; Engineer; Electrician; Elec- 
trical Workers; Explosives; Fire Dis- 
tricts; Fire Department; Hacks, Car- 
riages and Drays; Health Officer; See 


Miscellaneous Offenses; Mayor; Pawn- 
brokers; Pipes; Police Department; 


XXII INDEX TO CIVIL AND PENAL ORDINANCES. 


DUTIES OF OFFICERS. Art. Page 

Rules; Railroads; Street Commission- 
er;. Sidewalks and Streets; Secretary; 

Street and Bridge Committee; Street 
Railways; Traffic Regulations; Taxation; 

Treasurer; Water. 

DYNAMITE. 

See Explosives. 

E. 

EAVES. 

See Building Regulations. 

ELECTIONS. 

Of officers . . . • 3 7 


ELECTIONS. 



Secretary shall prepare and distribute 

ballots 

561 

217 

J 

When held 

562 

217 

I 

• 

Qualifications of Electors 

563 

217 


What officers to be elected 

564 

217 


Manner of conducting 

565 

218 


Mayor shall issue proclamation 

566 

. 218 


Clerks of 

567 

218 

4 

Opening and closing of polls 

567 

218 

\ 

State laws govern 

568 

219 

( 

Where held 

569 

219 


Compensation of officers of 

570 

219 


ELECTION OFFICERS. 


See Elections. 

ELECTORS. 

See Elections; Charter. 

ELECTRICAL WORK. 

See Electrician. 

ELECTRICAL WORKERS. 


Shall give bond before engaging 

in ... . 

1001 

337 

Shall work under rules, etc. of 

Elec- 



trician 


1001 

1002 

337 

338 

Penalties . . . 


See Electrician. 



CITY OF BEAUMONT. 


XXII 


ELECTRICIANS. Art. 

Creating office and compensation of.... 245 

Bond of 246 

Shall enforce provisions 246 

Has charge and shall keep up fire 

alarms • • 246 

Unlawful to construct electrical works 

except • . 247 

Consent of, necessary 248 

Regulations for poles, etc 249 

Advertising matter on poles forbidden.. 250 

Regulations for cross wires 251 

Wires at sheds, notice • • 252 

No electrical work without permit and 

fees 253 

Permit for electrical -work, issued when 254 

Permit issued by • . 254 

“National Electrical Code” governs 255 

Shall keep copy of “National Electrical 

Code” 256 

Shall inspect wiring, etc. • 257 

Shall notify owner, etc. when unsafe .... 257 

Shall erect tappers in stations 257 


Tappers erected at owner’s expense .... 257 

Tappers connected with fire alarms .... 257 

In case of fire, man to be sent to remove 


wires •• 257 

, Badges required for linemen and lamp- 

men • • 258 

City may adopt other rules 259 

Applications for electrical permits...... 260 


Fire Committee may direct attentions, 


notice 261 

* 

Discontinuing current when wires broken 262 

Shall notify owmers of defective wires, 

etc 263 

Companies to maintain linemen 264 

Testing of electrical meters — fees for.. 265 


Page 

72 

73 
73 

73 

73 

74 
74 
74 

74 

75 


75 


75 


75 

76 

76 

76 

76 

76 

76 

76 

76 

77 
77 


77- 


77 

78 

78 

78 

78 


XXIV INDEX TO CIVIL AND PENAL ORDINANCES. 


ELECTRICIANS. Art - Pa & e 

Charges for electrical inspection 266 79 

Penalties 267 • 80 

Duties of • • 246-267 73-80 

Electrical work to be done in accordance 

with requirements of 1001 337 


See Electrical Workers. 

ELECTRICITY. 

Prohibiting injury to electric property 1085 354 

ELECTRIC COMPANIES. 

Tax on 401-29 169 

See Electrician. 

ELECTRIC SIGNS. 

See Building Regulations. 

ELECTRIC THEATRES. 

See Building Regulations. 

ELEVATORS. 

See Building Regulations. 

ENCROACHMENTS. 

See Sidewalks and Streets. 

ENGINEER (CITY). 


Qualification, oath and bond of 90 27 

Shall establish monuments • • 91 28 

Shall keep records - 92 28 

Shall make surveys 93 28 

Shall supervise subdividing property.... 94 29 

Shall regulate platting property 95 29 

Unlawful to plat property, unless 96 29 

Shall flush gutters 98 30 

Fees of • • 99 30 

Fees of paid to Assessor and Collector.. 100 30 

Forms furnished to 101 30 

Shall run levels • • 102 31 

Shall attend and report to council 103 31 

Shall fix property lines 104 31 

Existing lines not to be changed, except 

by 105 31 

No right of way granted unless .... 106 31 


CITY OF BEAUMONT. 


XXV 


ENGINEER (CITY) Art. Page 

Land not to be laid except by permission 

of 107 32 

Shall report improvements 108 32 

Penalty for making improvements without 

permit • • 109 32 

Salary of 301 91 

Shall supervise sewer connections .... 415 175 

Shall establish property lines for build- 
ings 421 177 

Fees for establishing lines 422 178 

See Fire District. 

Is member of Board of Appeal 424 178 

See Building Regulations. 

Shall fix bounds for streets, etc 572 219 

Shall run levels Tor streets, etc 654 243 

May lower grades for streets, etc 655 243 

Shall issue permits for work in streets, 

etc. 655 243 

Shall notify Street Commissioner for 

work in streets, etc 664 248 

To prepare plans, etc. for railroad work 693 256 

To supervise railroad work 705 261 

To supervise track construction, when.. 713 263 

See Street Railways. 


With Mayor to direct laying of pipes.. 926-927 314 

Applications to for laying of pipes .... 932 315 


See Pipes. 

ESTIMATES. 

See Building Regulations. 

EVIDENCE. 

Of assessments in tax suits 388-5 156 

Assessment rolls, etc., prima facie 388-9 157 

Copies as, in tax suits • • 391 160 

See Sidewalks and Streets. 

Intoxicating Liquors. 

EXAMINATIONS. 

Into causes of fires 279-283 84-86 


XXVI INDEX TO CIVIL AND PENAL ORDINANCES. 

EXCAVATIONS. Art. Pag 

See Building Regulations; Pipes; 

Sidewalks and Streets. 

EXCURSION CARS. 

See Street Railways. 

EXEMPTIONS. 

From taxation — See Taxation. 

EXHIBITIONS. 

Tax on, for selling medicines 401-42 171 

See Sidewalks and Streets. 


EXITS. 

See Building Regulations. 


EXPLOSIVES. 


Powder, may be kept 

Powder, must be kept in canisters.... 
Hauling explosives • • 

Must not keep more than certain 

* 

amount of oil 

Oil not to be sold or exposed at night 

Penalty • • 

Quantity of explosives allowed in 

storage 

Mode of conveyance of • • 

Storage and conveyance of nitro-glycer- 

ine 

Concealed explosives not to be brought 

into city 

Penalties 

Where cotton may be stored 

Cotton must be guarded, smoking pro- 
hibited 

Buildings for storage of cotton prohibited 

except 

Penalty 

Duty of Chief of Police 


895 

896 

897 

898 

899 

900 

901 

902 


903 

904 

905 

906 

907 

908 

909 

910 


EXTENSIONS. 


308 

308 

308 

3ns 

309 
309 

309 

309 

309 

309 

309 

310 

310 

310 

310 

310 


See Pipes. 


CITY OF BEAUMONT. 


XXV11 


F. 

r'ALSE REPORTS. Art. Page 

Circulating as to disease prohibited.... 976 332 

FARES. 

See Hacks, Carriages and Drays; 

Street Railways. 

FEES. 

See Engineer; Scavenger; Electrical In- 

% 

spector; Meters; Electrician; Health Of- 
ficer; Fire District; Dance Houses; 

Stock Policemen; Building Inspector; 

Water and Gas Meter Inspector; Tax- 
ation; Hacks, Carriages and Drays; 

Traffic Regulations; Animals and Birds 
FENCES. 

Hitching to, injuring, prohibited •• 974 331 

Injury to, prohibited 1016 340 

FINANCES. 

See City Finances. 

FINES. 


In Corporation Court, how collected.... 317 98 

Costs taxed with 316-317 98 

Prescribed where not otherwise pro- 
vided • • 1091 355 


See Corporation Court; Procedure; 
Rules; Police Department. 

FIRE ALARMS. 

See Fire Marshal; Fire Department; 
Electrician. 

FIRE CHIEF. 

See Fire Department. 

FIRE COMMITTEE. 

See Fire Department. 


FIRE DEPARTMENT. 

Electrician shall keep up fir e alarms.. 246 


73 


XXVIII INDJEX TO CIVIL AND PENAL ORDINANCES. 

. 

FIRE DEPARTMENT. Art. Pag 

Electrician shall connect alarms to tappers 257 76 

In case of fire, company to send man.. 257 76 

Fire Committee may direct alterations 

of wires 261 77 

Salary of Chief of 301 91 

Officers of; duties •• 327 103 

Chief of, medium of communication.... 327 103 

# 

Chief of, shall make recommendations.. 327 103 

Chief of, has sole command at fires .... 328 104 

Reports of Chief of 328 104 

Chief of, has control of property ........ 329 105 

Chief of, may inspect houses being 

erected 330 105 

Chief of, has charge of alarms, etc 331 105 

Chief of, to inspect public hydrants..-. 332 105 

Assistant Chief to aid Chief of 333 105 

Officers of, to be stationed at house of 334 106 

Mayor and Fire Committee has charge of 335 106 

Appointment of Chief and assistant.... 336 106 

Chief and assistant may be removed.... 336 106 

Oath of Chief and assistant 336 106 

Filling vacancies in 336 106 

All persons to aid at fire when requested 336 106 

Chief may order buildings blown up, when 336 106 

Assistant to convey orders of Chief 336 106 

Chief shall report cause of fires to Mayor 336 106 

Chief shall enter and examine buildings, 

etc 336 106 

Penalty for injuring fire apparatus 337 108 

Penalty for driving over fire hose...... 338 108 

Penalty for false alarm of fire 339 108 

Vehicles of. have right of way 340 108 

Street cars to stop at center of block.... 341 108 

Vehicles to be driven near curb 342 109 

Pedestrians to get on sidewalks ........ 343 109 


* 


CITY OF BEAUMONT. 


XXIX 


FIRE DEPARTMENT. Art. 

Penalties 344 

Regulations of 327-344 

Chief of, to agree upon connection for 

automatic sprinkler 924 

Committee to ratify connection for auto- 
matic sprinkler 924 


See Water; Fire Marshal. 

FIRE DISTRICT. 


Boundaries of 419 

Unlawful to erect certain structures in 419 

Corrugated Iron Building defined 420 

Engineer to give lines 421 


Compensation of Engineer in such cases 422 
Duty of Chief of Police and policemen.. 423 
See Building Regulations; Building 


Inspector. 

FIRE ESCAPES. 

For hotels, inns etc 953 

Requirements for .' 954 

Location of, on building 955 

Signs indicating location of 956 

Two-story houses provided with rope.... 957 
Penalty 958 


Tenant may install at cost of landlord. . . . 959 


Page 

109 

103-109 

313 

313 


176 

176 

177 

177 

178 
178 


320 

321 
321 

321 

322 
322 
322 


FIRE LIMITS. 

See Building Regulations; Districts. 


FIRE MARSHAL. 

Appointment and compensation of 

General duties of • 


278 

312-278-283 


Shall investigate and record origin of fires 279 

May examine into causes of fires 280 

May take testimony 280 

Shall cause arrests, when 280 

May compel attendance of witnesses* • 281 

Penalties for disobeying 281 

May keep witnesses separated 281 

May enter and examine buildings 282-283 


84 

96-84-86 

84 

85 
85 
85 
85 
85 

85 

86 



» 


XXX INDEX TO CIVIL AND PENAL ORDINANCES. 


FIRE MARSHAL. Art. Page 

Examinations for defects 283 88 

May order defects, and dangers remedied 283 86 

.Orders of, shall be obeyed 283 86 

Appeal from decision of 283 86 

Penalties 283 86 


See Fire Department. 

FIRE PLUG. 

See Traffic Regulations. 

FIRES. 

Cause of, how investigated 279-2S3 84-86 

See Fire Marshal; Fire Department: 

Sidewalks and Streets 

FIRE STATIONS. 

See Fire Department. 

FIRE WALLS. 

See Building Regulations. 

FIRE WORKS. 

Discharge of, prohibited 989 335 

FLAGMEN. 

See Railroads. 

FLATS. 

See Building Regulations. 

FLOORS. 

See Building Regulations. 

FLOWERS. 

In parks, not to be pulled 348 110 

FLUES. 

See Building Regulations. 

FOOD PRODUCTS. 

Inspection of 192-198 55-57 

See Health Officer. 

FORECLOSURE. 

In tax suits; See Taxation. 


FORMS. 

Furnished to Engineer 


101 


30 


CITY OF BEAUMONT. 


FORMS. Art. 

Books and, prescribed 372 

FORTUNE TELLERS. 

Tax on 401-2‘ 

FOUNDATIONS. 


See Building Regulations. 

FREIGHT. 

See Hacks, Carriages and Drajs. 

FUMIGATION. 

See Health Officer. 

FUNDS. 

How classed 359 

See City Finances. 

FURNACE. 

See Building Regulations. 

FUSE. 

See Building Regulations. 

G. 

GALVANIZED TRASH CANS. 

See Sidewalks and Streets. 

GAMING. 

Penalty for officers failing to report.. 1090 
GARBAGE. 

See Health Officer. 

See Sidewalks and Streets. 

GAS. 

Prohiiting injury to gas property 1085 

See Water and Gas Meter Inspector; 

Pipes. 

GAS MAINS. 

See Pipes. 

GEESE. 

See Animals and Birds. 

GIRDERS. 

See Building Regulations. 

GONG. 


XXXI 

Page 

121 

164 


113 


355 

354 


See Street Railways. 


XXXII INDEX TO CIVIL AND PENAL ORDINANCES. 


GRADE. Art. 

See Sidewalks and Streets. 

GRASS AND WEEDS. 

Property to be kept clear of 131 

Declared a nuisance 131 

Council may cut and remove 131 

Property taxes for cutting, etc 131 

See Health Officer; Taxation. 

GROG SHOPS. 

See Intoxicating Liquor. 

GUTTERS. 


Flushing of, supervised by engineer 98 

See Building Regulations. 

See Sidewalks and Streets. 


HACKS, 


H. 


Tax on 401-39 

See Hacks, Carriages and Drays; Traffic 
Regulations, Sidewalks and Streets; 

Railroads. 


HACKS, CARRIAGES AND DRAYS. 

Carriage defined 773 

Drivers to have license 774 

Record of numbers to be kept 775 

License Fees .* 776 

License fees, length of time 777 

Licenses may be transferred 778 

Drivers must respond to call . ... 779 

What is a load 780 

Charges allowed . . . .’ 781 

Shall carry and deliver articles, etc 782 

May retain articles until paid 783 

Disputes, how settled 783 


Unlawful to leave unattended or unhitched 784 
How to receive and discharge passengers 


Page 


38 

38 

38 


38 


30 


171 


279 

279 

279 

279 

279 

279 

280 
280 
280 
280 
281 
281 
281 


CITY OF BEAUMONT. 


XXXIII 


t 


HACKS, CARRIAGES AND DRAYS. Art. 

and freight . • 785 

Past driving 786 

Duty of driver in collisions 787 

Intoxicated drivers 788 

Licensed vehicle a hack 789 

Vehicles and cars shall not loiter 790 

No two to stand abreast 791 

Shall take as little room as possible .... 792 

/ 

Charge for services 793 

To have card showing rates 794 

Must have lamps and numbers 795 

May take less than legal fare 796 

Passengers must pay legal fares 797 

Must carry passengers when fare is ten- 
dered 798 

Must be kept clean and in repair 799 

May be condemned 799 

Must stand in 20 feet from crossing .... 800 

Stands not for exclusive use of 801 

Carrying invalids, duties 802 

Hacks at depots 803/ 

Unlawful soliciting defined 804 


Certain persons not to be conveyed, ex- 
cept 805 

Washing, on sidewalks - 806 

Penalties 807-808 

See Traffic Regulations; Sidewalks 
and Streets; Railroads. 

HATCHWAYS. 

See Building Regulations. 

HAULING. 

See Sidewalks and Streets; Explosives. 

HAY. 

Prohibiting careless storing of 


Page 

282 

282 

* 282 
282 
283 
283 
283 

283 . . 

283 

285 

285 

285 

285 

285 

286 
286 
286 
286 
287 

’ 287 

287 

288 
288 
288 


'i 


4 



1049 


347 


XXXIV INDEX TO CIVIL AND PENAL ORDINANCES. 


HEADING COURSE. Art. Page 

See Building Regulations. 

HEADLIGHTS. 


See Street Railways. 


HEAD ROOM. 

See Building Regulations. 

HEALTH. 


See Health Officer. 


HEALTH INSPECTOR. 

Shall estimate cost of cutting weeds 

and grass ^ 

Mayor shall appoint 

Subject to suspension or discharge 

Under control of Scavenger . 

Shall inspect premises 

Shall inspect water closets and privies.. 

Notice of, to owners 

Shall report to Scavenger, when ........ 

Notice to Sanitary Com 

Shall assist Health Officer 

Shall report to health officer, when 

Shall wear badge 

Compensation of, paid by Scavenger 

Penalty for disobeying orders of 

Duties of • • 

U 

* Authority of Scavenger, same as, when.. 

HEALTH OFFICER. 

Appointment and term of office of 

Shall be physician in good standing.... 

Shall have charge of pest house 

Shall watch over drainage and sewerage 
Shall recommend sanitary improvements 

Shall report births and deaths 

Physician and midwives to report to.... 

Shall report sanitary conditions 

Shall have charge of pestilential diseases 
May have patients removed to pest house 


131 

33 

231 

67 

231 

67 

231 

67 

231 

67 

231 

67 

231 

67 

231 

67 

231 

67 

231 

67 

231 

67 

231 

67 

232 

68 

233 

68 

231-233 

67-68 

244 

72 

110 

32 

111 

33 

111 

33 

112 

33 

113 

33 

114 

33 

114 

33 

115 

33 

116 

34 

4 

117 

34 




CITY OF BEAUMONT. 

HEALTH OFFICERS. Art. 

Shall have houses, etc., fumigated, when 118 

Citizens shall obey orders of 119 

Penalty • • 120 

Physician to report diseases to 121 

Citizens shall report diseases to 122 


Citizens shall not visit infected premises 122 
Patients shall not leave pest house, until 123 

Shall abate nuisances . 124 

Council may adopt health measures ... 125 

Shall keep posted 126 

Council may declare quarantine, when.. 127 

Hotels, etc. shall report to 128 

Penalty 129 

Property to be kept clear and clean.... 130 


Grass and weeds to be cut; abating 


nuisance 

Tax for cutting weeds and grass 

Notice to owner to cut grass and 

weeds 

Penalty 

Health Inspector to estimate cost of cut- 
ting grass and weeds 

Number of stock kept in residence sec- 


131 

131 

131 

131 

131 


1 oo 

tion 

May declare, remove and abate nuisance 133 

Notice of to abate nuisance 133 

Penalty * * • — ‘ 134 

(Disposal of garbage, etc.). 

Shall examine into garbage, etc 135 

Garbage, etc. not allowed to accumulate.. 135 

Dumping grounds 136 

Disposal of livery stable droppings, etc 137 
Livery stables shall have boxes, etc.... 137 

Refuse not to drain into wells, etc 138 

Pens for stock 139 

Privy regulations 140-141 


XXXV 

Page 

34 

35 
35 
35 
35 

35 

36 

36 

37 
37 
37 
37 

37 
3S 

3S 

38 

38 . 

38 

33 

40 

40 

40 

41 

41 

41 

42 
42 
42 
42 
42 

42-43 


XXXVI INDEX TO CIVIL AND PENAL ORDINANCES. 

HEALTH OFFICERS. Art. Page 

Shall connect with sewer, when 141 43 

Waste and stagnant water to be drained 142 43 

(Interment and disinterment). 

Burial of bodies dead of cholera, etc.... 143 43 

Openings of graves, etc 144 43 

Disintering human bodies 145 44 

(Slaughter Houses). 

Slaughter houses to have water supply 146 44 

Slaughter houses to have tight floors.. 147 44 

Cleaning walls of slaughter houses 148 44 

Rooms of slaughter houses to be screened 149 45 

Old portions of slaughter houses to be 

replaced 150 45 

Tools, etc. of slaughter houses cleaned 

daily • • 151 45 

Material for aprons, etc 152 45 

Removal of offal • • 153 45 

Coolers and ice boxes for meats 154 45 

Keeping of pens 155 46 

Slaughtering done in regular places .... 156 46 

Inspector of animals 157 46 

Meats not to be sold until inspected-... 158 46 

Must be protected from flies, etc 159 46 

Must be washed 159 46 

Meats must be wrapped 160 47 

(Markets) 

Screening and flooring of markets 161 47 

Disposal of refuse 161 47 

Exposing meats 161 47 

Rooms properly ventilated, no odors.... 162 447 

Unwholesome meats not to be sold 163 48 

(Dariies and sale of milk). 

Character of buildings 164 48 

No water closets, etc. in buildings...... 165 48 

Spaces for cows 166 48 

Stall, etc. to be kept clean 167 48 

[ Removal of manure, etc 168 48 


f 


CITY OF BEAUMONT. 

HEALTH OFFICERS. Art. 

Udders to be washed thoroughly 169 

Receptacles for water to be provided.... 170 

Grading and draining enclosures 171 

Receptacles for milk 172 

Milk room 173 

Cans, etc. to be sterilized 174 

Straining and keeping milk 175 

Cans to be covered 176 

Notice to health officer of disease ...... 177 

Person diseased not to milk cows 178 

Bottles etc.,, not to be removed from in- 
fected premises 179 


(Examination of cattle for tuberculosis). 


Shall be examined by tubercular test. ... 180 

Veterinary surgeons to report diseases 181 
Seizing and killing of diseased animals 182 

Reacting animals 183 

Offspring from infected cows 184 

Isolated cattle slaughtered, when 185 

Examinataion every six months 186 

Calves from reacting cows 187 

Killing infected cattle for beef, when.. 188 


(Sanitation, etc., of public buildings). 


Requirements for public buildings 189 

Light and ventilation 189(a) 

Drinking water 189(b) 

Sweeping 189(c) 

Dusting 189(d) 

Floor Coverings 189(e) 

Spitting on floors prohibited 189(f) 

Cuspidors 189(g) 

Urinals and water closets 189(h) 

No diseased employees 189 (i) 

Scrubbing of floors, etc • • . 189 (j) 

Screening * • 189(k) 

Drainage of premises 1S9 (1) 


\ 


XXXVII 

Page 

48 

49 
49 
49 
49 

49 

50 
50 
50 
50 

50 

50 
51. 

51 
51 
51 
51 

51 

52 
52 

52 

52 

52 

52 

52 

52 

52 

53 
53 
53 

53 

54 
54 


XXXVIII INDEX TO CIVIL AND PENAL ORDINANCES. 


HEALTH OFFICERS. 

Cleaning of refrigerators, etc 

Care of walls 

Receptacles for garbage 

Disinfecting required .... 

(Standard disinfectants). 

Standard disinfectants required 

Penalties 

(Inspection of milk, meats and other 
foods). • 

Health officer to inspect 

Damaged fruits, etc., not to be sold.... 

Diseased meats, etc., not to be sold 

Diseased animal or flesh not to be sold.! 
Inspector to condemn unwholesome foods 

— Penalty 

Food products divested of parts not used 

Selling and offering for sale 

Milk not to be sold without permit- ... 
Permits for selling milk, how obtained 

One permit for each place of sale 

Holders of permits shall register 

Permit number to be exhibited on wagon, 

etc 

Requirements for numbers 

Prohibiting selling impure milk, etc.... 

Definitions of terms 

Requirements for milk 

Garbage, etc. not to be carried in wagon 
Health officer may enter premises...... 

Health officer to examine dairies 

Health officer has access to wagons, etc. 

Health officer may examine milk 

Shall report to health officer, when.... 
Shall not interfere with health officer.... 
Does prevent sale of condensed milk, 

when 

Sale of “skimmed milk” 


Art. 

Page 

189(n) 

54 

189(o) 

54 

189(p) 

54 

189(q) 

54 

190 

54 

191 

55 


192 

55 

193 

56 

194 

56 

195 

56 

196 

56 

197 

57 

198 

57 

199 

57 

200 

57 

201 

58 

202 

58 

203 

59 

203 

59 

204 

60 

205 

60 

205 

60 

206 

61 

207 

61 

208 

61 

209 

62 

209 

62 

210 

62 

211 

62 

212 

63 

213 

63 


✓ 


CITY OF BEAUMONT. XXXIX 

HEALTH OFFICERS. . Art. Page 

Shall offer milk for inspection -214 63 

Penalty • • 215 63 

“Health Officer” includes what 216 63 

Scavenger to act under 236 69 

May notify, to have closets, etc. cleaned 243 71 

Scavenger has same authority as, when 244 72 

Salary of • • 301 91 

Shall pass on applications for laying 

pipes • • 932 315 

Regulations of, not affected 1092 355 

HEATNG APPARATUS. 

See Building Regulations. 

HIGH CHECKING. 

See Animals and Birds. 

HOBBY HORSES. 

Tax on 401-11 166 

HOGS 

See Animals and Birds. 

HORSES. 

Breaking on streets prohibited ........ 1044 346 

See Animals and Birds; Traffic Regulations. 

HOSE. 

See Building Regulations. 

HOTELS. 

Shall report to Health Officer, when.. 128 37 

Tax on 40-31 169 

See Fire Escapes. 

HYDRANTS. 

See Water. 

{. 

ICE DEALERS. 

Tax on 401-23 ,168 

IMPROVEMENT. 

Penalty for making without permit. ..... 109 32 

Engineer to report 168 32 

See Sidewalks and Streets. 

INDECENT APPAREL. 

Unlawful to appear indecently 1058-1059 349 


XL INDEX TO CIVIL AND PENAL ORDINANCES. 

INDECENT EXPOSURE. Art. Page 

Prohibited in public 1060 349 

INFECTIOUS DISEASES. 


See diseases. 

INNS. 

See Fire Escapes. 

INSPECTIONS. 

Of Buildings — See Building Inspector; 

Fire Marshal; Fire Department. 

Of Meters — See Electrician; Water and 
Gas Meter Inspector. 

Oi Books and Records — See Duties of 
Officers; Records. 

Of Electrical Work — See Electrician. 

Of Milk and Food Products — See Health 
Officer. 

Of Premises, etc. — See Health Officer. 

Of Sanitation and Food Products — See 
Health Officer. 

Of Public Hydrants — See Fire Department. 


See Building Regulations. 

INSURANCE AGENTS (GENERAL). 

Tax on 401-22 163 

^ Insurance Agents (Industrial) 401-24 168 


INTEREST. 

On taxes — See Taxation. 

INTERMENT. 

See Health Officer. 

INTERSECTIONS. 

See Traffic Regulations. 

INTOXICATING LIQUOR. 


Wholesale territory for sale of 960 33 

Unlawful to sell except in territory-... 961 34 

Penalty for wholesaling 962 324 

Evidence of violation of Wholesaling .... 963-964 325 

Retail territory for sale of 965 326 

Unlawful to sell except in territory — 

Penalty - 966 327 


CITY OF BEAUMONT. 


XLI 

INTOXICATING LIQUOR. 

Art. 

Page 

Evidence of violation of retailing 

967-963 

323-329 

Sale of prohibited at variety or other 



shows 

969-970 

329-330 

Female actors prohibited from selling or 

giving 

971-973 

330 

Minors obtaining by deception 

1063 

350 

Aiding minors to obtain 

1064 

350 

INTRUSION. 



Unlawful, prohibited 

1013 

340 

Suspicious intrusion prohibited 

1036 

345 

INVALIDS. 



Carrying — See Hacks, Carriages and Drays. 


INVENTORY. . 



Officer to hake when elected, etc. . . . 

300 

90 


See Taxation. . 

IRON FRONT. 

See Building Regulations. 

J. 

JACKS. 

See Animals and Birds. 

JENNETS. 

See Animals and Birds. 

JOISTS. 

See Building Regulations. 

JUDGMENTS. 

See Taxation; Procedure; Corporation Court. 

“JUNK." 

See Pawnbrokers. 

JURISDICTION. 

Of Corporation Court; See Corporation 
Court. 

JURORS. 

In Corporation Court • 316 


KILLING ANIMALS. 


K. 


See Animals and Birds. 


XLI1 


INDEX TO CIVIL AND PENAL ORDINANCES. 


KNIFE RACK. Art. Pag 

Tax on • 401-7 165 

L. 

LAMPMEN. 

See Electrician. 

LAMPS. 

See Hacks, ‘Carriages and Drays; 

Traffic Regulations. 

LANDMARKS. 

Unlawful to remove 1056 348 

LAWNS. 

Injuring prohibited 974 331 

LEADERS. 

See Building Regulations. 

LEAVE OF ABSENCE. 


Must be obtained by officers 291-292 89 

LEGAL ADVICE. 

Attorney to give to officers 299 90 

LEVELS. 

Engineer shall run 102 31 


See Sidewalks and Streets. 

LEVY OF TAXES. 

See Taxation. 

LICENSE. 

For selling on sidewalks 597 226 

For running Dance House 1018 340 

See Animals and Birds; Hacks, Carriages 
and Drays. 

LIENS. 

For taxes; See Taxation. 

LIGHTNING ROD AGENTS. 

Tax on 401-25 168 

LIGHTS. 

Prohibiting careless use in barns or 

stables •• 1046 347 

See Trafic Regulations; Street Railways; 

Railroads; Building Regulations. 


CITY OF BEAUMONT. 


XL11I 

LIMITATION. 

Art. 

Page 

On taxes — See Taxation. 

LIMITS. 

For Stock — See Animals and Birds. 

LINEMEN. 

See Electrician. 

LINES. 

Of property, fixed by engineer 

. 104-421 

31-177 

Shall not be changed, except 

105 

31 

LINTELS. 

See Building Regulations. 

LIVERY STABLES. 



Prohibited in 300 feet of houses, etc... 

991 

335 

Definition of • • . . 

992 

335 

See Health Officer. 



LIVE STOCK. 

See Animals and Birds. 

LOAD. 

See Hacks, Carriages and Drays; 

Traffic Regulations. 



LOCOMOTIVES. 

Prohibiting and punishing fast running.. 

1078 

353 

See Railroads. 



LODGING HOUSE. 

See Fire Escapes. 

LOITERING. 

About others’ premises prohibited 

<1035 

345 

LOUNGING. 

On baggage, etc. at depots prohibited.. 

, 978 

332 


M. 


MAIL BOX. 

See Traffic Regulations. 

MAINS. 

See Pipes. 

MALFEASANCE. 

Officers, removal for 

MALICIOUS MISCHIEF. 

Defining and punishing 


1033 


344 




XLIV INDEX TO CIVIL AND PENAL ORDINANCES. ^ 

MARKET HOUSE, ETC. Art. Page 

Tax on ••• 401-35 170 

MARKETS 

Regulations for • 161-163 47-48 

See Health Officer. 

MAYOR. 

Oath and Bond of 8 8 

Is chief officer 9 8 

Duties of 9-12 8-9 

May call in assisstance 10 9 

May appoint special policemen 27 14 

Has direction and control of Sanitary 

Commissioner 218 64 

Health Inspector holds office under .... 231 67 

Prescribes compensation of Health In- 
spector 232 68 

Scavenger under control of . • • 235 69 

Appeal to, from Fire Marshal’s decision 283 86 

Officers shall obey orders 30 90 

May hold court 307 95 

Ex-officio chairman of school trustees.... 378 141 

Shall approve tax rolls, etc 385-5 151 

Notice from, to connect to sewer 406 173 

Permit from to connect to sewer 407 173 

May revoke permit to connect to sewer 408 174 

Is member of Board of Appeal 524 207 

Shall issue election proclamation 566 218 

With engineer to direct laying of pipes 926 314 

Shall approve for laying of pipes 932 315 

Shall provide books for pawnbrokers, 

etc 934 316 

May examine books of pawnbrokers, etc. 935 317 

Shall file complaint against officer fail- 
ing to arrests 1083 353 

See Pawnbrokers. 

See Pipes. 


CITY OF BEAUMONT. 


XLV 


* 


MEAT CARTS. Art. Page 

Regulations for 159-160 46-47 

See Health Officer. 

MEATS. 

. Inspection of, regulated 192-198 55-57 

See Health Officer. 

MENAGERIES, ETC. 

Tax on 401-19 167 

MERCHANDISE. 

Not to be sold in parks 346 167 

See Sidewalks and Streets. 

METERS. 

Testing of electric 265 78 

Fees for testing electric 265 78 

See Electrician. 

For water and gas r . . 286 87 

Fees for testing water and gas 286 87 

See Water and Gas Meter Inspector. 

MILK. 

Sale of, regulated 164-179 48-50 

Inspector of 192-199-214 55-57-63 

See Health Officer. 

MILK VENDORS. 

Tax on 401-13 . 166 

MILL CONSTRUCTION. 

See Building Regulations. 

MINORS. 


Obtaining liquors by deception prohibited 1063 350 

Unlawful to aid in obtaining liquors.. 1064 350 


MISCELLANEOUS OFFENSES. 

Selling liquor at shows 969-970 329-330 

Female actors selling or giving liquor ... 971-973 330-331 

Hitching to or injuring fences, lawns, 

yards, etc 974-975 331-332 

Circulating false reports of disease 976-977 332 

Lounging on trucks, etc. at depots 978-979 332-333 

Prohibiting theatres on Sunday 980 333 

Prohibiting interruption at theatres 981 333 




XLVI INDEX TO CIVIL AND PENAL ORDINANCES. 


MISCELLANEOUS OFFENSES. Art. Page 

Prohibiting wearing hats at theatres .... 982-983 333 

Discharging slop, etc. into sewer 984-986 334 

Burying in Watson burying ground .... 987-988 334 

Discharging fire works 989-990 335 

Slaughter houses, bone boilers, etc 991-993 335 

Numbering houses 994-997 335-336 

Tampering with poles, wires, etc 998 336 

Interference with private property 999-1000 337 

Electrical workers 1001-1002 337-338 

Spitting in public places •• 1003-1004 338 

Cisterns to be screened 1005 338 

Draining stagnant water 1007 . 339 

Prize fight pictures 1008-1009 339 

Trespass to property 1010 339 

Injuring property • • 1011 339 

Men to give passway to ladies 1012 339 

Unlawful intrusion 1013-1014 340 

Injury to baggage 1015 340 

Injury to fences 1016 340 

Dance Houses .1017-1022 340-341 

Variety shows 1023-1025 34,1-342 

Public balls and dances 1026-1027 342-343 

Suspicious characters 1028 343 

Harboring dangerous or suspicious char- 
acters 1029 343 

Enticing persons to bet or wager 1030 344 

Injuring or defacing buildings, walls, 

fences, etc 1031 344 

Taking possession of property without 

consent 1032 344 

Malicious mischief 1033 344 

Unlawfully entering places of public 


amusement 1034 344 

Loitering about premises of another 1035 345 

Suspicious intrusion 1036 345 

Bringing paupers into city 1037 


345 


XLVII 


CITY OF BEAUMONT. 

MISCELLANEOUS OFFENSES. Art. Page 

Causing arrest on frivolous or malicious 

cftaifec 1038 345 

Inciting rescue or resistance to arrest.. 1039 345 

Resisting or interfering with officer . . 1040 348 

Disturbing person in public assembly 1041.. 346 

Disorderly conduct in public assembly.. 1042 346 

% 

Keeping noisy house 1043 346 

Breaking horses or mules on streets.... 1044 346 

Causing collision of vehicles 1045 347 

Carelessly using lights in barns, etc. . . . 1046 347 

Depositing ashes on wood floors, etc... 1047 347 

Endangering inflamable materials 1048 347 

Carelessly storing hay, etc 1049 347 

Burning trash, shavings, etc 104S 347 

Discharging Missiles 1051 348 

Refusing or neglecting to remove danger- 
ous structure 1052 348 

Leaving wells, cisterns, etc. open .... 1053 348 

Tleing animals to or injuring shade 

trees • • 1054 343 

Sleeping on streets or sidewalks 1055 348 

Removing land marks and street signs 1056 348 

Accompanying lewd women 1057 349 

Indecent apparel or lewd conduct in 

public • . . . 1058 349 

Appearing in state of nudity or in dress 

of other sex • • . . 1059 349 

Indecent exposure of person, etc 1060 349 

Possessing burglarious instruments, etc. 1061 349 

Refusing to assist officer .. 1062 349 

Miners obtaining liquor by deception.... 1063 350 

Aiding minors to obtain liquor 1064 350 

Tramps 1065 3o® 

Sprinkling foot crossings 1066 350 

Street walking, etc 1067 359 

Public plying of vocation by prostitutes 1068-1065 351 


XLVIII INDEX TO CIVIL AND PENAL ORDINANCES. 


MISCELLANEOUS OFFENSES. Art. 

Barbed wire fences prohibited 1070-1071 

Court house square, curb walls, etc.. 1072 
Tacking tin signs on bridges and side- 
walks 1073-1074 

Defacing bridges 1075 

Using air guns, nigger shooters, etc . . . 1076 
Certain bands prohibited playing on 

streets 1077-1079 

Unlawful conversation with prisoners.. 1080 

Driving rapidly •• 1081 

Officers failing to arrest offenders 1082 


Officers failing to file complaints, when 1083 

Injuring water works property 1084 

Injuring gas or electric light property.. 1085 
State convicts not to be employed on 


public works 1086 

Unlawfully running locomotives 1087 

Introducing contagious or infectious dis- 
eases 1088 

What shall be beneath stoves 1089 


Peace officer failing to report gaming. . 1090 
Fines and penalties not otherwise pro- 
vided 1091 

Do not affect sanitary regulations, etc.. 1092 

MISSILES. 

Prohibiting discharge • • 1051 

MONEY. 

See City Finances. 

MONUMENTS. 

See Engineer. 

MOTIONS. 

See Rules. 

MOTORCYCLES. 

See Traffic Regulations. 

MOTORMAN. 

See Street Railways. 


Page 

351 

351 

352 
352 

352 

352-353 

353 
353 
353 

353 

354 
354 

354 

354 

355 
355 
355 

355 

355 

348 


CITY OF BEAUMONT. 

MOTOR VEHICLES. f 

See Traffic Regulations. 

MULES. 

Breaking on streets prohibited 1044 

See Animals and Birds. 

N. 

“NATIONAL ELECTRIC CODE.” 

See Electrician. 

NATIVE BIRDS. 

See Animals and Birds. 


“NEGRO ” 

Term defined 755 

See Street Railways. 

NEWSPAPERS. 

Tax on f 401-21 

NEW TRIAL. 


See Corporation Court; Procedure. 

“NIGGER SHOOTERS.” 

Prohibiting shooting across streets, etc. 1076 


NIGHT SOIL. 

t 

Scavenger to remove 236 

Unlawful for others than scavenger to 

remove 239 

Scavengers shall have tight boxes for . . 240 

Scavengers shall carry away 236 

NITRO-GLYCERINE. 

See Explosives. 

NOISE. 

See Traffic Regulations. 

NOISY HOUSE. 


Prohibiting keeping in city •• 1043 

NOTICE. 

By scavenger to owners 243 

By Health Officer or Inspector 243 

Of defective wires 263 


See Taxation; Sidewalks and Streets; 
Railroads; Street Railways. 


XL IX 
Page 


346 


274 


1 6S 


352 


69 

70 

71 

69 




71 

71 

78 


L 


INDEX TO CIVIL AND PENAL ORDINANCES. 


NUISANCES. Art. Page. 


Health officer may abate, how 124-133 36-40 

Grass and weeds, declared a 131 38 

Removed by Health Inspector, when-*.. 231 67 

NUMBERS. 

Houses to be numbered 994 335 

Owner to apply for and attach 995 336 

Street and Bridge Committee or Secre- 
tary to furnish 996 336 

Penalty for failing to number houses.. 997 336 


See Traffic Regulations; Hacks, Carriages and 
Drays; Sidewalks and Streets. 


O. 

OBLIGATIONS OF CITY. 

Officers shall not deal in 296 89 

OBSCENE LITERATURE. 

Tax on 401-9 165 

OBSTRUCTIONS. 

See Sidewalks and Streets; Traffic 
Regulations; Street Railways; 

Building Ragulations; Water. 

OCCUPATIONS. 

Tax on 401 164 

See Taxation. 

OFFAL. 

See Health Officer. 

OFFICERS. 



Mayor is chief 

9 

8 

• 

Qualifications and election of 

3-7 

7-8 


Appointment of 

6 

rv 


Terms of office of 

7 

8 


To be assisted by Secretary 

30 

15 


Salaries of 

301 

1062 

o-i 


Unlawful to refuse to assist 

349 


Penalty for failing to arrest 

1082 

353 


Other officers to file complaints against, 




when 

1083 

353 





CITY OF BEAUMONT. 


LI 




OFFICERS. , Art. 

Penalty for falling to report gaming. . . . 1090 
See Rules; Police Department; Duties of 
Officers, Elections. 

OGDEN ADDITION. 

See Sidewalks and Streets. 

OIL, 

See Explosives. 

OPENINGS. 

See Building Regulations. 

OVERLOADING. 

See Animals and Birds. 

P, 

PARADES (CIRCUS). 

Tax on 401-36 

See Sidewalks and Streets. 

pArapets. 

See Building Regulations. 

PARKS. 


City may own 345 

Prohibiting selling merchandise in 346 

Penalties •• 347-349 

Prohibiting bicycles riding, injuring 

trees, etc. in 348 

Injury to, prohibited •• 974 

PARTIES. 

To tax suits — See Taxation. 

PASSENGERS. 

See Hacks, Carriages and Drays. 

PASSWAY. 


Men must give to ladies 1012 

See Sidewalks and Streets; Traffic 


Regulations. 

PATENT MEDICINE VENDOR8. 

Tax on 401-1 

PAUPERS. 

Prohibiting bringing into city 1037 

♦ 


Page 

355 


170 


110 

110 

110-111 

110 

331 


339 

164 

343 


LII INDEX TO CIVIL AND PENAL ORDINANCES. 

PAVEMENTS. Art. Page. 

See Pipes; Water; Sidewalks and Street*. 

PAWNBROKERS. 

Mayor to purchase books for 934 316 

Shall procure books from Secretary 934 316 

Books of, open to Inspection ... 9^4 316 

Mayor or Chief of Police may examine 

books of 935 317 

Charter of books of 936 317 

Records to be kept by, or second hand 

dealers 937 317 

Penalty 938 318 

Shall not take pledge from minor 936 318 

May take pledge from minors, when .... 940 318 

Shall ascertain from whom article* ob- 
tained 941 318 

All persons to use books 942 318 

Unlawful to act without books 943 319 

Books subject to inspection of officers 944 319 

Date to be entered in book immediately 945 319 

Price of article to be entered in book.. 946 319 

Shall keep articles separate 947 319 

Seller to enter name of purchaser In 

book 948 320 

Definition of “Junk” 949 820 

Scrap iron excluded 950 320 

Books to be returned to Secretary, w r hen 951 320 

Penalty 952 320 

Tax on 401-40 171 

PEDDLERS. 

Tax on 401-12 166 

PEDESTRIANS. 

Shall get on sidewalks, in case of fire.. 343 109 

See Traffic Regulation*. 

PENALTIES. 

Prescribed when not otherwise pro- 
vided 1091 855 

See Miscellaneous Offenses; Taxation. 


» 


tin 



mg Regulations; Sewer District; Public 


Balls, etc.; Electrician; Engineer, 
Health Officer. 


PEST HOUSES. 


Health Officer has charge of 

116 

34 

Health officer may remove patients to 

117 

34 

Patients not to leave without permission 

123 

31 

PHYSICIAN. 

Health Officer to be 

111 

33 

Shall report births and deaths to Health 

Officer 

114 

33 

Shall report diseases to Health Officer 

121 

31 


PICTURE MACHINES. 


See Building Regulations. 

PIERS. 

See Building Regulations. 

PIGEONS. 

See Animals and Birds. 


PILING. 

See Building Regulations. 

PIPES. 

Gas and water mains, laid how 926 314 

Laid under direction of engineer 927 314 

Laying of extensions • • 928 314 

Crosses and connections 929 314 

Connections in streets to be paved 930 315 

Unlawful to excavate in streets, except 931 315 

Application for laying pipes, etc 932 31$ 

Approval of Health Officer and Mayor 

for laying •• 932 315 

Penalties 933 316 

See Building Regulations. 

Engineer; Sidewalks and StreetSi 

Water. 




liv 





INDEX TO CIVIL AND PENAL ORDINANCES. 


PISTOLS (TOY) Art. Page. 

Tax on 401-45 171 


PLANS AND SPECIFICATIONS. 

See Street Railways; Railroads; 

Sidewalks and Streets. 

PLATTING OF PROPERTY. 

Engineer to regulate 95 29 

Unlawful to work on without permis- 
sion of engineer 96 29 

Penalty 97 29 

See Sidewalks and Streets. 

PLAYING. 

See Sidewalks and Streets. 

PLEAS. 

In Corporation Court — See Corporation 
Court; Procedure. 

PLEDGES. 


See Pawnbrokers. 

* 

PLUMBERS. 


Tax on • • 

401-38 

171 

POLES. 



Unlawful to construct, except 

247 

' 73 

Must obtain consent of electrician for. . 

248 

74 

* 

Regulations for ■ • 

249 

74 

Advertising matter on forbidden 

250 

74 

Prohibiting tampering with or using.... 

998 

336 

See Electrician. 



POLICE DEPARTMENT. 



Of what consists 

22 

13 

Chief of, responsible for 

23 

13 

Duties of patrol wagon drivers 

24 

14 

Appointment of officers of • 

25 

14 

Suspension or discharge of officers 

26 

14 

Mayor may appoint special officers 

27 

14 

Qualifications of officers of 

28 

14 

Officers must prevent crimes 

29 

14 

Officers must patrol post 

30 

15 

Officers must examine doors, etc 

31 

15 





CITY OF BEAUMONT. 

POLICE DEPARTMENT. 

Officers must report new occupations.... 

Chief of, to report to City Secretary 

Officers of, to watch suspicious persons 
Officers of, to take accused to station 
Officers of, shall not leave post, except 

Officers of, shall be courteous 

Officers of, must prevent obstructions. . . . 
Officers of, must not, ill use prisoners.. 

Officers of. must use baton, when 

Officers of, must watch public houses-. 

Officers of, must not take offense 

Officers of, duty on making arrest 

Officers of, may take cash bail, when.. 

Officers of, may fix amount of bail 

Officers of, to give receipt for cash .... 

Officers of, to file complaints 

Officers of, to refund*money, when 

Only chief or deputy to receive cash bail 

Duty of Deputy Chief of - - 

Officers of, prepared at all times 

Officers of, punctuality and obedience.. 

Officers of, rules of conduct 

Bond of Chief of 

Uniforms of officers of 

Uniforms obtained when 

Officers of, not to enter public houses 
Officers of, may arrest suspicious persons 
Prisoners worked on streets, etc., when 

Prisoners shall be guarded 

Infirm and decrepit convicts 

Convicts not employed in conflict with 

free labor • 

Convicts under chief of 

Credit of convicts for work 

Refractory convicts 

Chief of. to remit collections daily 

Chief of. to keep record 


LV 


Art. 

Page. 

32 

15 

33 

lb 

34 

15 

35 

15 

36 

16 

37 

16 

38 

16 

39 

16 

40 

16 

42 

17 

43 

17 

44 

17 

45 

17 

46 

17 

47 

17 

48 

17 

49 

18 

50 

18 

51 

18 

52 

18 

53 

18 

54 

19 

55 

19 

56 

19 

57 

19 

58 

20 

59 

20 

60 

20 

61 

20 

62 

21 

63 

21 

64 

21 

' 65 

21 

66 

22 

67 

22 

68 

22 


LVI INDEX TO CIVIL AND PENAL ORDINANCES. 


POLICE DEPARTMENT. 

Clerk of, duties 

Prisoners to be searched 

Prisoners confined, unless 

Station always open 

Fines paid to Treasurer by officer 

Persons arrested, brought before court 

Officers to file complaints 

Penalties 

Officers of, may arrest without warrant. 

when 

Salary of Chief of Police and Deputy 

Baggage and depot masters invested with 

police authority, when 

Oath and bond of baggage and depot 

masters • • 

Chief of, to settle drivers’ disputes 

Drivers to obey orders of policemert .... 

May stop, etc. vehicles 

Vehicles must stop, etc. when ordered 

by police • • 

Police may uncheck animals 

Chief of, to report animals killed 

Shall remove cotton illegally kept, etc.. 
May examine books of pawnbrokers, etc. 
Shall attend and collect fees from dance 

• houses 

Shall preserve order and arrest offenders 

at dance houses 

See Stock Policemen; Traffic Regulations 
Animals and Birds; Explosives; 
Pawnbrokers; Dance Houses. 


Art. Page. 


69 


23 

69 


23 

70 


23 

71 


23 

72 


23 

73 


23 

74 


24 

75 


24 

76 


24 

301 


91 

686 - 

•688 

254 

689 


255 

783 


281 

840 


296 

841 


297 

842 - 

■848 

297 

873 


304 

877 


305 

910 


310 

935 


317 

1020 


341 

1021 


341 


POLICEMEN. 


See Police Department. 

POLICE STATION. 

See Police Department. 


POLL TAX* 

See Taxation. 


CITY OF BEAUMONT. LVII 

POSTS. Art. Page 

See Building Regulations. 

POUND. 

See Stock Policemen. 

POWDER. 

See Explosives. 

. PRACTISE. 

In Corporation Court; 

See Corporation Court. 

PRISONERS AND CONVICTS. 


Must not be ill used 


39 

18 

May give cash bail 


45 

17 

Amount of cash bail of 


46 

17 

Officers to give receipt to 


47 

17 

Officers to file complaint against.. 


48 

17 

Cash refunded to, when 


49 

18 

What officers can take cash bail . . . . 


50 

18 

May be worked, when 


60 

20 

Shall be guarded 


61 

20 

Shall not be worked in conflict with 

labor 

free 

63 

21 

Infirm and decrepit 


62 

21 

Chief of Police shall supervise . . . . 


64 

21 

Credit of, for work 


65 

21 

When refractory • • 


66 

22 

To be searched, when 


69 

23 

In absence of bond, to be confined . . 


70 

23 

To be brought before Corporation Court 

73 

23 

Police to file complaints against . . 


74 

24 

Unlawful to talk with, unless 


1080 

353 

State convicts not to be employed 

public works 

on 

1086 

354 

PRIVIES. 

Inspected by Health Inspector 


231 

67 

Shall connect to sewer, when 


141 

43 

See Health Officer. 

PRIZE FIGHT. 

Pictures of, prohibited 


1008 

333 


LVIII INDEX TO CIVIL AND PENAL ORDINANCES. 


PROCEDURE. Art. Page 

In corporation Court — Rules of 320 93 

(a) How commenced. 

(b) Shall be in name of State. 

(c) Warrant shall be issued. 


(d) Complaint read to defendant. 

(e) Plea of guilty. 

(f) Plea of not guilty. 

(g) Continuances. 

(h) Judgment. 

(i) Appeal. 

(j) Payment of fine and costs. 

(k) Shall discharge defendant. 

(!) No reduction in fines and costs after report. 
1(a) New trial. 

(b) Application. 

(m) Remitting or reducing fines 
PROCESSION. 

See Traffic Regulations. 

PROCLAMATIONS. 

For Electors — See Elections. 

PROPERTY. 


Officers chargeable with, when 300 90 

Injury to, prohibited 1011 339 

Taking possession of, without permis- 
sion 1032 344 

PROSTITUTES. 

Unlawful to accompany 1057 349 


Prohibiting public pljing of vocation.. 1068 351 

PUBLIC AMUSEMENTS. 

Unlawfully entering, prohibited 1034 344 

See Theatres; Dance Houses; Variety 
Shows. 

PUBLIC ASSEMBLY. 

Disturbances in, prohibited 1041-1042 346 

PUBLICATION. 


See Taxation. 


CITY OF BEAUMONT. 


PUBLIC BALLS AND DANCES. Art. 

Prohiited without permits 1026 

PUBLIC BUILDINGS. 


Sanitation and: disinfection of, reg- 
ulated 189 

See Health Officer; Building Regulations. 


PUBLIC HOUSES. 

Police shall watch 42 

Police shall not enter, except 58 

PUBLIC HYDRANTS. 


See Fire Department; Building 
Regulations; Water; Pipes 

PUBLIC POUND. 

See Animals and Birds. 

PUBLIC SCHOOLS. 


Board of Trustees govern S77 

Who constitutes Trustees of 377 

Officers of Board of Trustees 378 

Powers of Board of Trustees 379 

Levying special school tax ....; 380 

PUMPS. 

See Building Regulations. 

PURCHASING AGENT. 

Creating office of 269 

General duties of 270-274 


Shall purchase all supplies for city.... 270 
Shall keep record of supplies purchased 270 
Is responsible for supplies and distribu- 


tion • 270 

Subject to control of council 271 

Manner of appointment of 272 

Oath and bond of 273 

Compensation of 274 

Q. 

QUALIFICATIONS OF OFFICERS. 

4 

28 

111 


LIX 

Page. 

342 


fc2 


17 

20 


141 

141 

141 

141 

142 


82 

82-83 

82 

82 


82 

82 

82 

83 

83 


7 

14 

33 


General 

Of policemen ... 
Of Health Officer 


.LX INDEX TO CIVIL AND PENAL ORDINANCES. 


QUALIFICATIONS OF OFFICE.RS. Art. Page. 

Of Engineer 90 27 

Of Fire Marshal 278 84 


QUARANTINE. 

Council may declare, when 127 37 

QUESTIONS OF ORDER. 

See Rules. 


RAILROADS. 


R. 


To have flagmen at crossings 

Crossings to be kept clear 

.penalty as to crossings 

Shall light streets 

Streets to be kept clear 

Safeguards to be provided 

Penalty as to safeguards 

Expense of safeguards borne by 

Speed of, in city limits — Penalty 

Bells to be kept ringing 

Jumping on and off of, while moving . . 

Boarding train, without business 

Soliciting custom at depots 

Baggage masters invested with police 

power 

Depot and baggage masters to assign 

stations 

Penalty, 

Oath and bond of depot and baggage 

masters 

Must make necesary drains, etc 

Must keep streeets in repair 

Must construct and repair bridges 

Street and Bridge Committee to prepare 

plans 

Notice of plans and specifications 

Penalties as to repairs 

Forbidding blowing w’histles over five 
seconds 


672 

2hU 

673 

2oU» 

674 

250 

675 

250 

676 

251 

677 

252 

678-680 

252-251 

679 

• 253 

681 

253 

682 

253 

683 

254 

684 

254 

685 

254 

686 

254 

687 

255 

68S 

255 

689 

255 

690 

255 

691 

255 

692 

256 

693 

256 

694 

257. 

695 

257 

696 

257 


CITY OF BEAUMONT. LXI 

RAILROADS. ' ' Art. Page. 

Crossings to be opened 697 257 

Prohibiting switching on certain streets 698 258 

Penalty as to switching 699 259 

Separate waiting rooms required 700 259 

Separate waiting rooms to be designated 701 259 

Persons to resort in proper rooms 702 260 

Penalty as to waiting rooms 703 260 

Tracks to be removed, etc., when 704 260 

Track work under engineer 705 261 

Procedure on failure to obey as to track 

work • • 706 261 

Locomotives to have spark arresters 707 261 

Penalty as to spark arresters 708 261 


See Street Railways; Sidewalks and 
Streets. 

RANGES. 

See Building Regulations. 

RATES. 

See Hacks, Carriages and Drays. 

RECEIPTS AND DISBURSEMENTS. 

See City Finances. 

RECESSES. 

See Building Regulations. 

RECORDER. 

Salary of • • 301 91 

See Corporation Court. 

RECORDS. 


To be kept by Secretary 

82 

25 

To be examined by Secretary 

81 

25 

Shall take receipts for 

83 

26 

To be kept by Engineer 

92 

28 

Purchasing agent to keep, of supplies.. 

270 

82 

Of Fire Marshal 

279 

84 

To be delivered to successor, by of- 
ficers • 

293 

89 

Officers must submit, to inspection.... 

294 

89 


See Hacks, Carriages and Drays; Pawn- 
brokers. 


LXII INDEX TO CIVIL AND PENAL ORDIANCES. 


REDEEMING. 


Art. Page. 


Of animals— See Animals and Birds. 
REGISTERS. 

See Building Regulations. 

REGISTRATION. 

Of vehicles; 

See Traffic Regulations. 

REMITTANCES. 

Of Chief of Police made daily 

REMOVAL OF OFFICERS. 

For malfeasance 

RENDITION. 

See Taxation. 


repairs. 

See Building Regulations; Sidewalks and 


Streets; Railroads; Street Railways; 

Hacks, Carriages and Drays. 

REPORTS. 

Of Treasurer 19 12 

Of Assessor and Collector 15 10 

Of police of new business 32 15 

Abstracts of, sent to Secretary 33 15 

Of Electrician to council 246 • 73 

Of Clerk of Corporation Court 319 93 

Of Chief of Police of money collected. . . . 362 114 

Of Assessor and Collector, of money col- 
lected 362 114 

Of Treasurer, of receipts and disburse- 
ments 364 119 

Council to examine, when 366 120 

To be filed and preserved 367 120 

Shall be sworn to 368 120 

When to be filed 369 120 

Shall conform to accounting system 373 139 

See City Finances. 

Assessor and Collector to make monthly 394 162 

Of sewer connections, made monthly.. 417 178 


< 


CITY OF BEAUMONT. 


LXIII 


REPORTS. Art. Page. 


Of Chief of Police of animals killed. ..... 877 305 

See Engineer; Rules; Taxation. 

RESCUE. 

Prohibiting inciting rescue 1039 345 

RESISTANCE. 

Inciting, to arrest prohibited 1039 345 

To officer prohibited 1040 348 

RESTAURANTS. 

Tax on 401-32 189 

RIGHT OF WAY. 

Granted only by maps and profile, exam- 
ined and approved by Engineer 106 31 

Vehicles of fire department has 310 108 

See Traffic Regulations. ' 

RING DEVICES. 

Tax on •• 401-7 185 


ROADS. 

See Sidewalks and Streets. 

ROCK PILE. 

Prisoners may be worked on 80 2>f 

ROOF. 

See Building Regulations. 

ROPES. 

See Fire Escapes. 

RUBBISH. 

See Sidewalks and Streets. 

F1ULES. 

■ ! ■ 

Of Order. 

RULES OF THE ROAD. 

See Traffic Regulations. 


S. 

SAFEGUARDS. 

See Railroads. 

SAFETY DEVICE. 

See Building Regulations. 

SALARIES. 


Of officers 301 91 

Paid in monthly installments 301 91 


LXIV INDEX TO CIVIL AND PENAL ORDINANCES. 


SALES. Art. Page. 

See Explosives; Stock Policemen; Ani- 
mals and Birds; Taxation; Sidewalks 
and Streets; Parks; Traffic Regulations. 


SALOONS. 

See Intoxicating Liquors. 

SANITARY COMMISSIONER. 

Office of — Created — Term of office.... 217 64 

Under Mayor 218 64 

Bond of 218 64 

Duties of 218-230 64-67 

Shall carry off slop, etc •• 219 64 

“Slops” and “Trash” defined 220 64 

l 

When slops, etc. to be removed 221 65 

Depositing slops and Trash 222 65 

Office of, request for service 223 65 

\ _ 

Contracts with 224 65 

Compensation of 225 66 

Penalty for failure to remove slops, etc 226 66 

Shall inspect premises and report 227 66 

No one else shall remove slops, etc 228 67 

Carts for hauling slops, etc 229 67 

Penalty 230 67 

SANITARY RULES. 

Foregoing articles to not affect......... 1092 355 

SANITATION. 


See Health Officer; Sanitary Commissioner; 


Health Inspector; City Scavenger. 

SCAVENGER. 

Appointment of and term of office 234 69 

May be suspended by Mayor for cause. . . . 234 69 

May be discharged by council 234 69 

Compensation fixed by council 234 69 

Under control of Mayor 235 69 

Bond of 235 69 

Duties of 234-244 69-72 

Shall remove night soil 236 69 

Shall carry night soil off 236 69 


SCAVENGER. 


CITY OF BEAUMONT. 


EXV 


Shall inspect closets and privies 

Shall have access to premises 

Shall report disobedience to Mayor 

Penalty for refusing admittance 

Unlawful for others to remove night soil 
Night soil to be removed at what time 

Shall use tight receptacles 

Fees of 

Penalty for refusal to pay 

Shall notify parties to have closets, etc., 

cleaned 

Authorities of, same as Health Officer 

and Inspector 

Salary of 

Reports to, of sewer connections 

SCHOOL FUND. 

Treasurer is custodian of 


Art. 

Page. 

236 

69 

236 

69 


• 


69 

237-8 

70 

239 

70 

240 

71 

240 

71 

241 

71 

242 

71 

243 

71 

415 

175 

301 

91 

417 

176 


21 13 


SCHOOLS. 


See Public Schools. 


SCREEN. 

Cisterns, etc., must be screened 1005 338 

SCRIPT. 

Must be endorsed when transferred 261 77 

SEAL. 

Of Corporation Court 314 97 

SEATS. 

See Street Railways. 

SECOND HAND DEALERS. 


See Pawnbrokers. 

SECRETARY. 



77 

25 




Term of office of • • - 

77 

25 


78 

25 


78-83 

25-26 


79 

25 

Shall assist committees and officers.... 

80 

25 

Shall examine books and records • • . 

81 

25 


LXVI INDEX TO CIVIL AND PENAL ORDINANCES. 

SECRETARY. Art. Page 

Shall keep minutes and records 82 25 

Shall keep receipts 83 26 

Salary of 301 91 

Shall keep accounts of city 350-351 111 

Shall file reports and vouchers 367 120 

Shall not credit officers, unless 376 140 

Shall charge tax renditions to Assessor 

and Collector 385-6 151 

Shall prepare and distribute ballots 461 190 

Pawnbrokers to procure books from.... 934 316 

Shall keep record of books furnished to 

pawnbrokers, etc 936 317 

Pawnbrokers’ books to be returned to, 

when •• 951 320 

SEIZURE. 

For taxes — See Taxation. 

SEPARATE COMPARTMENTS. 

See Street Railways. 

SEWER. 

Discharging .slops into, prohibited 984 334 

See Sidewalks and Streets; Health Officer; 

Sewer District. 

SEWER DISTRICT. 

Boundaries of • • 404 173 

Sewers belong to City 405 173 

Connections with sewer, when 408 173 

Permit from Mayor to connect with... 407 173 

Permit to be revoked • • 408 174 

Responsible for damages 409 174 

Cess pools, etc. not to be connected 

sewers •• 410 174 

Rainwater conductors not to be con- 
nected to sewers 411 174 

Shall not injure, break or remove sew- 
ers, etc 412 174 

Offense as to sewers 413 174 

Throwing things into sewer forbidden.. 414 175 


CITY OF BEAUMONT. 


LXVII 

SEWER DISTRICT. 


Art. 

Page 

Property owners to connect with, 

when 

415 

175 

Penalty 


416 

175 

Sewer connections to be 

reported 


monthly 


417 

178 

Penalty for not reporting 


418 

176 

SEWING MACHINE AGENTS. 

Tax on 


401-27 

169 

SHEDS. 

See Building Regulations. 

SHEEP. 




See Animals and Birds. 

SHIP BROKERS AND AGENTS. 

Tax on 


401-5 

165 

SHOOTING GALLERY. 

Tax on 


401-6 

165 

SHOWS. 

Tax on 


401-16 

167 


SHOW WINDOWS. 

See Sidewalks and Streets. 


SHRUBBERY. 

See Sidewalks and Streets. 

SHUTTERS. 

See Building Regulations. 

SIDEWALKS. 

See Building Regulations; Sidewalks 


and Streets; Police Department. 

SIDEWALKS AND STREETS. 

Improvement of 571 219 

Engineer to fix bounds of 572 219 

Manner of constructing sidewalks ...... 573 219 

Obstructed use of 574 220 

/ 

Prohibiting congregating on 575 220 

Obstructing sidewalks 576-577 220 

Attracting crowds on sidewalks 578 220 

Auctinoneering and selling goods on 

sidewalks 579 220 

Sidewalks kept clear . • 580 221 


LXVIII INDEX TO CIVIL AND PENAL ORDINANCES. 


SIDEWALKS AND STREETS. Art. Pag 


Animals kept off of 581 221 

Use of sidewalks in hauling goods 582 221 

Use of sidewalks for exhibiting goods.. 583 221 

Penalty 584 222 

Sidewalks and gutters to be kept clean.. 585 223 

Sidewalks to be sprinkled, when 586 223 

Sidewalks to be kept repaired by owners 587 224 

Defective sidewalks and removal of 588 224 

Defective sidewalks, notice to owner 589 224 

Repairing damage to sidewalks 590 224 

Placing trash, etc. on 591 225 

Riding bicycles on sidewalks 592 225 

Weeds and grass on sidewalks 593-594 225 

Exhibition of fish, etc., on sidewalks 595 225 

Throwing liquids, etc. into sidewalks .... 596 226 

0 

License for selling on sidewalks •• 597 226 

Throwing banana peeling, etc. on side- 
walks 598 226 

Running wheel barrows, etc. on sidewalks 599 226 

Endangering passage by building 600 226 

Digging ditches across 601 227 

Advertisements on 602 227 

Injuring shrubbery, etc 603 227 

Injuring sidewalks 604 227 

Riding or driving across sidewalks 605-606 228 

Throwing articles from roof or upper story 607 228 

Changing or altering sidewalks 608 228 

Show windows, how constructed 609 229 

Council may order building or repairing 

of sidewalks 610 229 

Council to designate character and loca- 
tion of sidewalks 611 229 

Duty of owner when notified 612 2Stf 

Penalty as to owner 613 23^ 

Notice to owner — Evidence 614 230 

Sidewalk contractor to give bond 615 231 

Penalty as to sidewalk contractors 616 231 


CITY OF BEAUMONT. 


SIDEWALKS AND STREETS. Art. 

Plans and specifications of cement side- 
walks 617 

Penalty as to construction of cement side- 
walks 618 

Sidewalks in Ogden addition 619 

Streets in Ogden addition 620 

Advertising matter on sidewalks 621 

Laying pipes on sidewalks 622 


Unlawful deposit of refuse matter .... 623 

Driving across or obstructing ditches 624 

Consent of council for roads and bridges 625 


Street obstructions 626 

Vehicles not to remain standing on cer- 
tain streets • • 627 

Exceptions as to remaining .standing 628 

Street encroachments — Proviso 629 

Making fires on streets 630 

Digging holes in streets 631 

Livery men injuring streets 632 

Removing material or placing obstruc- 
tion on streets 633 

Preventing removal of earth, etc. from 

streets • • 634 

Laying of underground pipes and wires 635 

^ostructions to drainage 636 

Excavation in streets 637 

Shall repair damage to ^streets 638 

Sweeping trash into streets 639 

Galvanized trash cans 640 

Permitting trash to accumulate 641 

Prohibiting unhealthy deposits in. . 642 


Prohibiting discharge of waste water into 6 43 

Prohibiting foul stock pens in city 644 

Prohibiting depositing dead animals, etc. 


646 

647 


LXIX 

Page 

232 

234 

234 

235 
235 
235 
235 
235 

235 

236 

236 

236 

237 

238 
238 
238 

232 

238 

239 

239 

240 
210 
240 

240 

241 
241 

241 

242 

242 

242 

24 « 


Playing ball in 

Leaving rubbish on streets 


LXX INDEX TO CIVIL AND PENAL ORDINANCES. 


SIDEWALKS AND STREETS. 

Art. 

Page 

Removing street numbers 

648 

242 

Prohibiting bicycle riding 

649 

242 

Prohibiting playing on streets 

650 

242 

Circus not to parade in, except 

651 

243 

Careless hauling of garbage 

652 

242 

Impeding passage 

653 

243' 

Engineer to run levels 

654 

243 

Engineer may lower grade 

655 

242 

Engineer to issue permits, when 

656 

244 

Must nave signal lights • • 

657 

245 

Struts to be Darricaded, when . . 

659 

246 

Prohibiting removal of barricades 

660 

246 

Prohibiting use of streets, when 

661 

247 

Unlawful to excavate, except 

662 

247 

Shall be done in careful manner 

663 

247 

Duties of Engineer and Street Commis- 



sioner 

664 

242 

Drainage 

665 

248 

Railroad construction on streets 

666 

242 

Railroad gutters, etc. to be kept clean*. 

667 

243 

Railroad not to construct without permit 

668 

249 

Bicycle provided with lamps 

669 

242 

Platting property 

670 

249 

Penalties 

671 

249 

See Traffic R egulations; Water; Miscel- 



laneous offenses; Pipes. 



SIGNALS, 



See Traffic Regulations. 



• 

See Railroads. 



SIGNS. 



Unlawful to remove street signs 

1056 

£43 

Unlawufl to place tin, on bridges and 



sidewalks 

1073 

£52 


See Building Regulations. 
Fire Escapes. 


SKATING RINKS. 


CITY OF BEAUMONT. LXXI 

SKATING RINKS. Art. Page 

See Building Regulations. 

SLAUGHTER HOUSES. 

Prohibited in city 991 S3E 

Defined 992 335 

Regulation* for 146-158 44-46 

SLEEPING. 


Upon streets and sidewalks prohibited 1055 348 


SLEIGHT OF HAND. 

Tax on 401-18 K.7 

SLOPS. 

Removed by Sanitary Commissioner.... 219 64 

Definition of 220 64 

When removed 221 66 

Depositing of 222 6i» 

Contract with Sanitary Commissioner 

for removal of 224 tl 

Penalty for Sanitary Commissioner for 

not removing 226 66 

No one to remove but Sanitary Commis- 
sioner 228 67 

Costs for hauling 229 €7 


Discharging into sewer prohibited .... 984 334 

SOLICITING. 

See Hacks, Carriages and Drays. 

SPARK ARRESTERS. 

See Railroads. 

SPECIAL CARS. 

See Street Railways 

SPECIALISTS, 

Tax on 401-41 171 

SPEED. 

Of trains — See Railroads; Street Railways; 

Traffic Regulations. 

SPEED GOVERNOR. 

See Building Regulations. 

SPEED LIMITS. 

See Traffic Regulations. 

SPIRITOUS LIQUORS. 

Tax on 


401-34 


169 


LXXII INDEX TO CIVIL AND PENAL ORDINANCES. 

SPITTING. Art. 

In public places prohibited 1003 

SPRINKLING. 

Of sidewalks. — See Sidewalks and Street*; 

Water. 

STABLES. 

Prohibiting careless use of lights in.... 1046 

STAGNANT WATER. 

See Water. 

STAND PIPES. 

See Building Regulations. . 

STANDS (SODA WATER AND LEMONADE). 

Tax on 401-33 

Tax on (Street) 401-44 

STATE LAWS. 

Govern Corporation Court 326 

STOCK. 

Unlawful to keep more than three, when 132 
See Stock Policemen; Animals and Birds. 

STOCK LIMITS. 

♦ 

See Animals and Birds. 

STOCK PENS. 

Prohibited in 300 feet of houses, etc... 991 335 

See Sidewalks and Streets. 

STOCK POLICEMEN. 

ADpointment, duties and compensation of 268 SL 


Shall impound and sell stock 268 81 

Fees of 268 81 

Amount paid to owner 268 81 

Sale of stock by 268 81 

Advertisement of sale by 268 81 

STONE. 


See Building Regulations; Fire District. 

STOVES. 

Prescribing what to put beneath and 

Fixing Punishment 1089 355 

STREET AND BRIDGE COMMITTEE. 


Page 

338 

• 

347 

169 

171 

102 

40 


See Sidewalks and Streets; Railroads; 


CITY OF BEAUMONT. LXXIII 

STREET AND BRIDGE COMMITTEE. Art. Page 

Street Railways; Numbers. 

STREET CARS. 

Shall stop near center of block, when.. 341 10* 

STREET COMMISSIONERS. 

Appointment and term of office of 84 

Duties of : 85-88 26-27 

Shall keep time book 86 27 

Police authority 87 27 

Oath and bond of 87 27 

Grounds for removal of 89 27 

Salary of 301 ftl 

Shall relay pavements, when 664 248 

Shall render account 664 

Shal stop slop being dischar ged into 

sewers 985 334 

See Sidewalks and Streets. 

STREET RAILWAYS. 

Permission for constructing 709 262 

Permission for relaying tracks 710 262 

Tracks removed, etc. on order of council 711-712 262 

Construction under engineer, when 713 263 

Procedure and penalty for failure to re- 
move 714 * 263 

Kind of stringers to be used 715 263 

Tracks to be maintained on level 716 263 

Tracks to be repaired 717 264 

Unlawful to interfere with motorman 

and conductor •• 718 264 

Unlawful to jump on and off of cars.... 719 264 

Penalty for jumping, etc 720 265 

Notice of needed repairs 721 263 

Neglect to make repairs after notice . . . . 722 265 

Shall keep crossings in repair 723 265 

Railroads and, to construct and repair 

bridges 724 266 

Electric lights at crossings 725 266 

Penalty • 726 266 


LXXIV INDEX TO CIVIL AND PENAL ORDINANCES. 


STREET RAILWAYS. Art. Page 

Railroads and, to make drains 727 266 

Street and Bridge Committee to have plans 

prepared 728 267 

Notice given of plans, etc 729 267 

Penalty as to repairs 730 267 

Penalty as to other ordinances 731 768 

Prompt compliance with orders required 732 268 

Penalty 733 268 

Children under five, transported free. 

when •• ; 734 269 

Rates for adults 735 269 

Rates for children between five and 

twelve : 736 269 

Must furnish books for half fare 737 270 

Students’ rate, 2 1-2 cents 738 270 

Students’ tickets in book form 739 270 

Students have same rights as others.... 740 271 

Penalties as to students’ rates 741 271 

Penalty for misrepresenting age, etc 742 271 

Must give transfers 743 271 

Cars to contain notices of this Chapter 744 272 

Penalty as to transfer 745 272 

Penalty as to ticket books 746 273 

Transfers apply to only two lines 747 273 

Unlawful to monopolize end seats ....... 748 273 

Must move when requested 749 273 

Penalty as to seats 750 273 

Cars must be vestibuled, when 751 273 

Penalty as to vestibules 752 274 

Cars to have separate compartments.. 753 274 

How divided or partitioned 754 274 

“Neero” defined 755 274 

Penalty as to separate compartments.... 756 275 

Conductors may refuse passage, when.. 757 * 275 

Penalty as to riding in wrong compart- 
ment 758 275 

Does not apply to nurses 759 27B 


CITY OF BEAUMONT. 

STREET RAILWAYS. Art. 

Does not apply to special or excursion 

cars 760 

Misconduct on cars 761 

Prohibiting children catching moving 

cars 762 

Prohibiting refusal to pay fare 763 

Prohibiting obstructing or disturbing 

tracks or cars 764 

Prohibiting delaying cars by riding on 
tracks 7C5 


Cars to have conductor and motorman... 767 
Penalty as to conductor and motorman 768 


Cars to have headlights 769 

Conductors to sound gong 771 

Other provisions applying to 772 


See Railroads; Traffic Regulations. 

STREETS. 

Prisoners may be worked on CO 

Damage to in making sewer connections 409 
See Sidewalks and Streets; Hacks, Car- 
nages and Drays; Building Regulations; 
Railroads. 

STREET WALKING. 

Prohibited and punished 1067 

STRINGERS. 

See Street Railways. 

STUDENTS. 

See Street Railways. 

SUBDIVISION OF PROPERTY. 

Engineer to supervise subdivision of. . 54 

SUITS. 

See Taxation. 

SUPPLIES. 

For city, bought and distributed by Pur- 

270 


LXXV 

Page 

276 

276 

276 

276 

276 

276 

277 

278 
278 
278 
278 


1C 
17 4 


36C 


2JJ 


8J5 

82 


chaiing Agent 

Purchasing Agent responsible for nis 
tribution of, how made 


270 


LXXVI INDEX TO CIVIL AND PENAL ORDINANCES. 

SURVEYS. Art. Page 

To be made by Engineer 93 28 

SUSPICIOUS PERSONS. 

Police shall watch 34 15 

Police may arrest, when 59 20 

Who are — Penalty 1028 343 

Harboring, prohibited • • 1029 343 

SWITCHING. 

See Railroads; Sidewalks and Streets. 

T. 

TANKS. 

Must be screened 1005 83S 

TAPPER. 

To be erected and connected with fire 

alarms 257 76 

TAXATION. 

Council shall levy special school tax.. 380 143 

Special, used for school purposes only.. 3S0 142 

Amount of special school tax 380 142 

Collection of special school tax 380 142 

Taxes to be levied each year 381 142 

Inventory and appraisement 382-1 143 

Assessor and Collector to take inventory 382-2 143 

Persons to render property 382-3 143 

Assessment of property, rendered, etc.. 383-1 143 

Persons to properly describe property.. 3S3-2 144 

Each tract listed separately 383-3 144 

Improvements to be shown 383-4 145 

Oath of person rendering property 383-5 145 

Assessor and Collector to inventory and 

assess property 383-6 145 

Assessor and Collector to keep abstract 

books 383-7 146 

Assessment sheets to be bound in volumes 383-8 146 

Board of Appraisement 384 * 146 

Duties and powers of Board of Appraise- 
ment 384-8 149 

Meetings of Board of Appraisement ..... 384-2 147 


CITY OF BEAUMONT. 


TAXATION. Art. 

Board to remain in session until work 

completed 384-3 

Notice of time and place of meeting 384-4 

Board of Appraisers to examine assess- 
ment sheets 384-5 

Notice to be given to assessment changed 384-6 


Shall complete and return sheets to As- 


sessor and Collector 384-7 

Appeal to council from Board of Appraise- 
ment 384-8 

Assessment rolls 385 

Assessor and Collector to prepare rolls, 

when 385-1 

Requisites of assessment rolls 385-2 

Oath of Assesor and Collector to As- 
sessment Rolls v . •• 385-3 

Rolls returned to Board of Appraisement 385-4 

Oath of 385-5 

Oath of Board of Appraisers to be read 

to and approved by council 385-5 

Secretary to charge Assessor and Col- 
lector with amount of rolls 385-6 

Provisions directory 386 

Collection of taxes 387 

Assessment to be prepared, when 387-1 

Interest on taxes 387-1 

Tax receipt forms 387-2 

Taxes, how credited 387-3 

« \ 

Delinquent rolls and sales of property 

for 388 

Delinquent rolls, when prepared 388-1 

Delinquent rolls, requisites of 388-1 

Delinquent rolls, certificate to 388-1 

Payment to be noted on delinquent roll 388-2 
Separate delinquent roll prepared for at- 
torney to file suit on 388-3 

Publication of delinquent roll 388-3 

Attorney to file suit for 388-3 


LXXVII 

Page 

147 

147 

148 

148 

149 

149 

149 

• 

149 

149 

150 

150 

151 

151 

161 

151 
162 • 

152 
152 
152 

152 

153 

158 

153 

153 

153 

158 

153 

153 


LXXVIII INDEX TO CIVIL AND PENAL ORDINANCES. 


TAXATION. 

Current money only received for 

City may intervene in tax suits, when 
Taxes constitutes a lien on property in- 
terest • 

Seizure and sale of personal property.. 

Aiding 1 Insufficient descriptions 

Back taxes collected, how — lien of 

City may recover personal judgment 

Tax rolls, etc., prima facie evidence of. . 
Attorney to represent city in suits for 

Fees' of attorney in tax suits 

Costs in tax suits . • 

Taxes not to be compromised 

All property subject to, except 

When payable 

Parties to tax suits • • 

Orders of sale for 

Proceedings in suits for 

Deeds to purchasers 

Defective sales, gives lien to purchaser. . 

City may become purchaser 

Penalty of 10 per cent on taxes, when 

Poll tax, amount of 

Property exempt from 

Assessment sheets as evidence 

Collection of, ©n personal property 

Sale of personal property for 

Occupation taxes 

Shall provide occupation tax receipt — 

Penalty 

Assessor and Collector to give occupa- 
tion tax receipt 

Assessor and Collector and Chief of Po- 
lice to enforce occupation tax 

Occupation tax receipt to be posted — 

Penalty 

Monthly reports of Assessor and Collector 


Art. 

Page 

388-3 

153 

388-3 

153 

388-4-7 

155-liC 

388-4 

185 

388-5 

156 

388-6 

156 

388-8 

156 

388-9 

157 

388-10 

157 

388-10 

157 

388-10 

157 

388-11 

158 

388-12 

♦ 158 

388-12 

158 

388-13 

158 

388-13 

158 

388-13 

158 

388-13 

158 

388-13 

158 

388-13 

158 

388-13 

158 

389 

160 

390 

160 

391 

160 

392 

161 

392 

161 

393 

161 

393-1 

161 

393-2 

162 

393-3 

162 

393-4 

162 

394 

162 


CITY OF BEAUMONT. 


LXXIX 


TAXATION. Art. Page 

Assessor and Collector may appoint dep- 
uties •• 395 162 

Assessor and Collector may divide and 

separate assessments, when 396 162 

Assesment property escaping 397 163 

Unrendered list 398 163 

Taxes barred, when 399 164 

No money paid by city to person owing 

taxes 400 154 

Compromise for back taxes 400 164 

Levy of occupation tax 401 164 

Occupation tax on certain occupations.. 401- (1-45) 164-171 

Penalties 402-403 172 


TAX RECEIPTS. 

See Taxation. 

TAX ROLLS. 

See Taxation. 

TAX SALES. 

See Taxation. 

TAX SUITS. 

See Taxation. 

TELEPHONES. 

Tax on 401-37 170 

TENANT HOUSES. 

See Building Regulations. 

TEN PIN ALLEY. 

Tax on 401-10 15i 

TENTS. 

See Building Regulations. 

TERMINAL STOPS. 

See Building Regulations. 

TESTS. 

See Electrician; Water and Gas Meter 


Inspector. 

THEATRES. 

Unlawful to sell or give liquor at 969-973 

Prohibited on Sunday 980 


329-331 

333 


XXC INDEX TO CIVIL AND PENAL ORDINANCES. 


THEATERS. Art. Pag 

Prohibiting disturbance at 981 333 

Prohibiting wearing hats at 982 238 

Prohibiting prize fight pictures 1008 339 

Disturbing persons in public assembly. . 1041 346 

Disorderly conduct at public assembly 1042 346 

Unlawful entering •• 1034 344 

Tax on 401-14 166 

See Variety Shows. 

TICKETS. 

See Street Railways. 

TRACKS. 


See Street Railways; Railroads; Engineer; 
Sidewalks and Streets. 

TRAINS. 

See Railroads. 


TRAFFIC REGULATIONS. 


Vehicles shall keep to right 

Turning to right 

Turning to left 

Crossing from one side to the other. . 

Must stop, how 

Shall not stand backed to curb 

Shai not stop except at curb, except.. 
Shall not stop so as to obstruct cros- 
sing 

Shall not stop at intersection 

Street cars stop at far side 

Automobiles, etc. to slow down, when., 
fvorth or south bound vehicles have right 

of way ; 

Speed limits 

Automobiles to have lights 

Bicycles and motorcycles to carry lights 

Vehicles shall not go on sidewalks 

Horses not to be hitched to fire plugs, 
etc 


209 

28# 

810 

289 

Sll\ 

289 

812 

289 

813 

289 

814 

289 

815 

289 

816 

289 

817 

290 

818 

290 

819 

290 

820 

290 

821 

290 

822 

252 

823 

292 

824 

292 

825 

292 


1 


CITY OF BEAUMONT. 


TRAFFIC REGULATIONS. Art. 

Shall not stand on Pearl Street longer 

than thirty minutes 826 

Shall give signal before slowing or stop- 
ping 827 

Warning given before backing 828 


Shall not interfere with procession 829 

Shall not stop at or obstruct crossings.. 830 
Snail have permits, etc. for automobiles 831 


Fees for permits for automobiles 831 

Numbers for automobiles 831 


County numbers, etc. to be exhibited.. 832 
Registration of vehicles, other than 

automobiles 833 

Registration of sale of licensed vehicles 834 
Vehicles to stop for frightened animals 835 

Noisy vehicles prohibited 836 

Visitors exempted from provisions of. 
Unlawful to enter or meddle with au- 


tomobiles • 838 

Persons under 16 cannot operate certain 

vehicles 839 

Shall obey orders of policemen 840 

Police may stop or conduct movement of 

vehicles 841 

Shall not approach within ten feet of ve- 
hicle. when 842 


Shall sound signal when turning or ap- 
proaching crossing • • 

Vehicles to stop for pedestrians or on 
signal, w^hen 


Right of way of certain vehicles .... 845 

Shall stop only at curb, except 846 

Shall not stop abreast S47 

Shall not refuse to stop, etc., wdien or- 
dered by policemen 848 

Horses and vehicles not to go on side- 
walks • 849 


XXCI 
' Page 

292 

293 

293 

293 

293 

293 

293 

293 

294 

295 

295 

296 
296 


296 

296 

296 

29 ? 

297 

297 

297 

297 

297 

297 

298 

298 


XXCJI INDEX TO CIVIL AND PENAL ORDINANCES. 


TRAFFIC REGULATIONS. 

Vehicles not to delay traffic or cause 

accidents 

Vehicles with sides exceeding ten feet 

prohibited, except 

Vehicles of certain lengths prohibited.... 
I.oad shall not exceed six tons, unless 
Drivers shall hold reins in hands, etc. . . . 
Loads of metal, etc., to have sound dead- 
ened • • 

Pedestrians shall not bother traffic . . . 

Shall not frighten horses, etc 

Penalties • • 

• Does not repeal other ordinances, ex- 
cept 

Shall not leave vehicle in front of pro- 
perty, except • 

Intoxicated persons not to operate mo- 
tor vehicles 

See Hacks, Carriages and Drays; Street 
Railways; Sidewalks and Streets. 
TRAMPS. 

Defined — Punishment 

TRANSFERS. 

See Street Railways. 

TRASH. 

Removed by Sanitary Commissioner.... 

Definition of 

When removed 

Depositing of 

Contract with Sanitary Comprissioner 

for removal of 

Penalty for Sanitary Commissioner tor 

not removing 

No one to remove but Sanitary Commis- 
sioner _ ..... . 

Prohibiting burning, except 

See Sidewalks and Streets. 


Art. 

Pa 

S50 

298 

851 

298 

852 

298 

853 

298 

854 

ts*> 

CO 

OC 

855 

299 

.856 

299 

857 

299 

858 

299 

859 

299 

860 

299 

861 

299 

1065 

350 

219 

64 

220 


221 

65 

222 

65 

224 

65 

226 

66 

22S 

ft'; 

1050 

34 Y 


CITY OF BEAUMONT. XXCIII 

TREASURER. Art. Page 

Oath and bond of 17 11 

Shall receive and disburse funds 18 11 

Reports of 19 12 

Must furnish abstracts, etc 20 12 

Is custodian of school fund 21 13 

Shall register claims 354 112 

\ 

* Shall not pay unregistered claims 354 112 

How to register claims 355-6 112 

Claims numbered, how 357 112 

Claims paid off, how 358 112 

Funds, how classed 359 113 

Receives and disburses money 363 114 

Keeps accounts of money 363 114 

Shall assist in suits 363 114 

Reports, of, shall show what 364 119 

Shall not pay out money, except 365 120 

Shall pay certificates • • 371 121 

Moneys to be deposited with, daily.... 375 140 

Salary of 301 91 

Is Treasurer of school fund 378 141 

See City Finances. 

TREES. 

Prohibiting tieing animals to, or in- 
juring 1054 

See Parks; Sidewalks and Streets. 

TRESPASSES. 

Upon property prohibited 1010-1011 

TRUSTEES. 

Of schools — See Public Schools. 

TUBERCULOSIS. 

Examination of cattle for, regulated.... ISO-188 50-52 

See Health Officer. 

U. 

UNDERGROUND PIPES. 

See Pipes. 

UNIFORMS. 

Of police officers 56 19 


34 i 


339 


XXCIV INDEX TO CIVIL AND PENAL ORDINANCES. 


UNIFORMS. Art. 

t m ’ 

When Police mqst obtain 57 

UNRENDERED ROLLS. 

See Taxation. 

UNSAFE STRUCTURES. 


See Building Regulations. 

V. 

VALUATION. 

See Taxation. 

VALVES. 

See Building Regulations. 

VARITEY SHOWS. 


Unlawful to sell liquor at 969-970 

Unlawful for female actors at. to sell or 

give away liquor 971-973 

Definition of • • 1023 

Unlawful to advertise on streets 1024 

See Dance Houses; Theatres. 

VEGETABLES. 

See Health Officer. 

VEHICLE. 

Prohibiting causing collision of 1045 


See Animals and Birds; Traffic Regulations 
Railroads; Hacks, Carriages and Drays; 
Sidewalks and Streets. 

VENEER. 

See Building Regulations. 

VESTIBULE. 

See Street Railways. 

VISITORS. 

See Traffic Regulations. 

VOUCHERS. 

See City Finances. 

W. 

WAGER. 


Enticing persons to, prohibited 1030 

WAGONS. 

See Building Regulations. * 


Page 

79 


329-3.5* 


330-331 

341 


342 


347 


3 -* 4 


CITY OF BEAUMONT. 


xxcv 

WAITING ROOMS. 

See Railroads. 

WALLS 

See Building Regulations. 

WARDS. 

Art. 

Page 

Division of city into 

302-303 

, 93-9* 

Boundaries or 

3V2 

91 

How changed 

303 

9a 

WARNING. 



See Traffic Regulations. 



WARRANTS OF ARREST. 



Officer may arrest without, when .... 

76 

24 

When issued 

See Corporation Court; Procedure. 

WASTE. 

See Sidewalks and Streets. 

320(c) 

93 

WATER. 



Stagnant and waste to be drained 

142 

43 

Charges for 

911 

310 

Prohibiting running on sidewalks 

912 

311 

Penalty for allowing to run on sidewalks 

913 

311 

Injuring water company’s property .... 

914 

311 

Shall not be turned into streets 

915 

311 

Special care on paved streets 

916 

311 

Penalty 

917 

312 

Public hydrants 

918 

312 

Turning on without permission .......... 

919 

312 

lnterfereing wdth mains and pipes 

920 

312 

Obstructing access "to hydrants 

921 

312 

Company to render automatic sprinkling 


- 

service 

Automatic sprinkler not connected w r ith 

922 

313 

main, unless 

Automatic sprinkling not to affect water 

924 

313 

company’s franchise 

925 

313 

Stagnant w r ater must be drained 

Prohibiting injury to water works pro- 

1006 

339 

perty 

1084 

354 


XXCVI INDEX TO CIVIL AND PENAL ORDINANCES. 


WATER. Art. Pag 

See Pipes; Water and Gas Meter Inspector. 

WATER CLOSETS. 

To be connected to sewer, when 404 173 

See Scavenger. 

WATER COMPANY. 

See Water 

WATER AND GAS METER INSPECTOR. 


Creating office of 284 87 

Duties of 285-289 87- 

Shall test meters, when 286 87 

Fees for testing meters 286 87 

Fees to be deposited with 286 87 

When fees returned 286 ,87 

Subject to direction of council 287 88 

Appointment of • • 288 88 

Oath and bond of 289 83 

Compensation of 290 88 

WATER SUPPLY. 

See Building Regulations. 

WATSON BURYING GROUND. 

Burying in, prohibited 987 334 

WEEDS. 


See Grass and Weeds; Health Officer; 

*• 

Sidewalks and Streets. 

WELL HOLE. 

See Building Regulations. 

WELLS. 

Prohibiting leaving, open 1053 348 


WHISTLES. 

See Railroads. 

WHOLESALE. 

See Intoxicating Liquor. 

WIRES. 

Regulations for cross wires 251 74 

Regulations for sheds 252 75 

No wiring without permit and fees 253 75 

When permit for issued . 254 75 


CITY OF BEAUMONT. XXCVI1 

WIRES. Art. Page 

“National Electric Code” governs 255 76 

Applications for permits for 260 77 

Electrician to inspect and regulate 857 76 

Fire committee may direct alterations 261 77 

Discontinuing current when broken . . . 262 78 

Notice from Electrician, when defective 263 78 

Charges for inspection of • • 266 79 

Penalties 267 80 

Prohibiting tampering or using 999 337 

See Electrician; Barbed Wire; Sidewalks 
and Streets. 

WITNESSES. 

Attendance compelled by Fire Marshal 281 85 

Shall give evidence to Fire Marshal . . • • 281 85 

WOOD WORK. 

See Building Regulations. 

Y. 

YARDMASTER. 

See Railroads. 


YARDS. 

Injuring prohibited 


974 


351 





CITY OF BEAUMONT. 


357 



Franchises and Contracts 


358 


CHARTER AND ORDINANCES 


CHAPTER I. 

TEXAS AND NEW ORLEANS RAILROAD COMPANY. 

An ordinance confirming the rights of the Texas & 
New Orleans Railroad Company to locate, own and 
maintain the tracts heretofore laid from its main line of 
road along Main Street to the mills of the Beaumont 
Lumber Company and from a point on its main line to 
the mills of the Reliance Lumber Company, and from a 
point of connection with its said track reaching down Main 
Street to the mills of the Texas Tram and Lumber Com- 
pany. 

Whereas, the Texas & New Orleans Raiiroaa Com- 
pany, many years ago constructed, and has ever since 
owned and maintained a track extending from a point 
of connection with its main line near its freight station 
in Beaumont in to and along Main Street to tlu mills 
of the Beaumont Lumber Company, and another track 
extending from a point of connection with its main line 
near Travis Street, across certain property and into the 
mills of the Reliance Lumber Company; and another 
track from a point of connection with the track reaching 
into and along Main Street; thence into the mills of the 
Texas Tram & Lumber Company; and, 

Whereas, some of the tracks were constructed before 
the City of Beaumont was incorporated, and, 

Whereas, the question has been raised respecting 
the right of said company to own, maintain and operate 
said tracks, but said company claims such right, and it 
is believed to legally exist, and it is deemed to the interest 
of all concerned that all such questions shall be removed ; 
now, therefore, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the right of the Texas & New Orleans 


CITY OF BEAUMONT. 


359 


Railroad Company to own, operate and maintain the 
track extending from a point of connection with its main 
line near its freight station in Beaumont and along Main 
Street to the mills of the Beaumont Lumber Company, 
and the track extending from a point of connection with 
its main line near Travis Street across certain property 
and into the mills of the Reliance Lunmber Company; 
and the track extending from a point of connection with 
the track above mentioned reaching into and along Main 
Street, thence into the mills of the Texas Tram & Lum- 
ber Company, and all such tracks being in the City of 
Beaumont, be and the same is hereby recognized* rath 
fied and confirmed. 

Sec. 2. That this ordinance take effect and be in 
full force from and after its passage. Approved Feb- 
ruary 8th, 1899. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the ordinance passed at the regular ses- 
sion of the City Council of Beaumont held on the 7th 
day of February, 1899, and approved by the Mayor on 
the 8th day of February, 1899, recognizing, ratifying and 
confirming the right of the Texas & New Orleans Rail- 
road Company to own, operate and maintain the track 
extending from a point of connection with its main line 
near its freight station in Beaumont into and along Main 
Street to the mills of the Beaumont Lumber Company, 
and the track extending from a point of , connection with 
its main line near Travis Street, across certain property 
and into the mills of the Reliance Lumber Company, and 
the track from a point of connection with the track above 
mentioned reaching into and along Main Street, thence 
into the mills of the Texas Tram & Lumber Company, all 
such tracks being in the City of Beaumont, be and the 
same is hereby amended, revoked and made void, in so 
far as the same effects or relates to the tracks and seeks 
to recognize, ratify and confirm the right to, or grant 
a franchise and right of way, and the right to locate, 
own and maintain the tracks laid from a point of the 


360 CHARTER AND ORDINANCES 

connection with main line of the Texas & New Orleans 
Railroad near Travis Street, across certain property, and 
into the mills and yards of the Reliance Lumber Company. 

MAIN STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

That the petition of the Texas & New Orleans Rail- 
road Company be, and the same is hereby granted, and 
said Texas & New Orleans Railroad Company is hereby 
given and granted the right ayd privilege to construct, 
own and operate, a spur or switch track or railroad, begin- 
ning at some point on the spur or switch track of said rail- 
way company as the same now exists on and along Main 
Street near the intersection of Main and Milam Streets; 
thence extending in a northerly direction and along Main 
Street and on, along or parallel to the west line of lots 
546, 547 and 548 in Block 3 in the City of Beaumont, ac- 
cording to the old town plat of said city and to extend 
northwardly to a point near the intersection of Main and 
Washington Streets; said spur track to be constructed, 
substantially in accordance with the plan as shown on the 
blue print hereto attached and made a part of this or- 
dinance, the contemplated spur track being indicated 
thereon by a red line. Approved May, 1900. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company be and is hereby granted permission to con- 
struct another main line track from a connection with 
its present main line track at a point at or near the west 
end of its trestle over the Neches River; thence in a west- 
erly direction on the north side of its present main track 
parallel with and as near thereto as safety in the oper- 
ations of its trains on both lines at the same time will per- 
mit across Tevis Street, Cypress Street, Travis Street, 
Main Street, Pearl Street, Crockett Street and Orleans 


CITY OF BEAUMONT. 


361 


Street, to a connection with its track or tracks west of 
said Orleans Street now or hereafter to he constructed. 

Sec. 2. Be it further ordained that the said Texas 
& New Orleans Railroad Company be and is hereby 
granted the right and permission to construct two ad- 
ditional tracks from a point west of Orleans Street to the 
south side of and as near as practicable to the tracks of 
said company already located thereon across said Or- 
leans Street in an easterly direction, but in no event to be 
extended as far east as Pearl Street or the sidewalk along 
the west side of Pearl Street. 

Sec. 3. Be it further ordained that the said railroad 
company be and it is hereby given the right and permis- 
sion to move or re-arrange its present sidetrack across 
Pearl Street, south of its main track so as to properly 
connect same with the present spur track, the western 
terminus of which is now between Pearl and Main Streets. 

Sec. 4. Said railroad company shall be required to 
promptly restore said streets at the place of each crossing 
provided for herein to its former condition and to main- 
tain same in good condition as provided by law, said 
tracks to conform to the grade of streets crossed, and 
where any street crossed is now paved or may hereafter 
be paved, the grantee herein shall pave from end to end 
of its ties and shall keep said pavement in good condition. 
Passed May 5th, 1903. 

MAIN AND PEARL STREETS. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Rai iroad Com- 
pany be, and it is hereby granted the right and privilege 
to construct a side track across Main Street in said city 
just south of where its main line now crosses Main Street 
from a point of connection east of said street running in 
a westerly direction across said Main Street parallel with 
and south of its main line, past its new freight depot, to 
a connection with its side track now running across Pearl 


362 


CHARTER AND ORDINANCES 


Street south of its main line, said connection to be made 
east of said Pearl Street. 

Sec. 2. The right and privilege is further granted to 
said railroad company to make a slight change in the 
course of said last named track across said Pearl Street, 
if found necessary by said company to make a proper con- 
nection with the first named side track east of said Pearl 
Street, provided, said railroad company shall properly 
restore said street crossings to their former condition, as 
now required by law; provided further, said track shall 
not cross Main Street until said company is prepared to 
and has made its connection with its main line east 
of said Main Street. 

Sec. 3. That this ordinance take effect from and after 
its passage. Approved August 17th, 1901. 

TRAVIS STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company is hereby granted authority to construct a 
spur track from a connection on its main line east of 
Travis Street, thence along the right of way of said rail- 
road company in a westerly direction across said Travis 
Street to and along the south side of a freight ware- 
house to be erected in Block No. 25 by Th$s. H. Langham, 
said railroad company shall restore and keep said street 
at said crossing to its former condition. 

Sec. 2. That this ordinance shall take effect from 
and after its passage. Approved Nov. 6th, 1901. 

CYPRESS STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company be, and it is hereby granted the right and priv- 


CITY OF BEAUMONT. 


363 


ilege to construct a spur track from a connection with its 
main track at a point east of Cypress Street in said city 
in a westerly or southwesterly direction on the south 
side of its main track across Cypress Street in the City 
of Beaumont and to operate the same in connection with 
its railroad business. 

Sec. 2. Said railroad shall restore said street at the 
point of said crossing as nearly as possible to its former 
condition and maintain said crossing as now or may here- 
after be provided by the Charter and Ordinances of the 
City of Beaumont. Passed Sept. 1st, 1903. 

BONHAM STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company be and it is hereby granted the right and priv- 
ilege to construct a spur track from a, connection with 
its main track running north an dsouth on the west side 
of the city along and upon Bonham Street crossing Av- 
enue B and Avenue A to the intersection of Bibb Av- 
enue. 

Sec. 2. Said Texas & New Orleans Railroad Com- 
pany shall immediately upon construction of said spur 
track along said Bonham Street, restore said street and 
crossings as nearly as practicable to their former con- 
dition, and shall keep said crossings in repair and do all 
things with reference to said street and the said spur 
track which is now or may hereafter be required by the 
Charter and the Ordinances of the City of Beaumont. 

Sec. 3. Be it further ordained that this ordinance 
take effect immediately upon its passage. Passed Oct. 
7th, 1903. 

MAGNOLIA AVENUE. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 


364 


CHARTER AND ORDINANCES 


Company be and it is hereby granted the right and priv- 
ilege to construct a spur track from a connection with 
its main track running east and west on the west side of 
the city along and across South Street to its connections 
with Magnolia Avenue; thence north along Magnolia 
Avenue to its intersection with Laurel Avenue; thence 
across Laurel Avenue and along Magnolia Avenue a dis- 
tance of 150 feet from the north boundary of Laurel 
Avenue. 

Sec. 2. Said Texas & New Orleans Railroad Com- 
pany shall immediately upon construction of said spur 
track along said Magnolia Avenue restore said street 
crossings as nearly as practicable to their former con- 
dition and shall keep said crossings in repair and do all 
things with reference to said street and said spur track 
which is now or may hereafter be required by the Char- 
ter and the Ordinances of the City of Beaumont. 

Be it further ordained, that this ordinance shall take 
effect immediately upon its passage. Approved Nov. 
3rd, 1903. 

Whereas, at a regular meeting of the City Council 
of the City of Beaumont, on t6 : wit, the 5th day of May, 
1903, said council passed an ordinance granting to the 
Texas & New Orleans Railroad Company a franchise to 
lay another main line track across certain streets in the 
City of Beaumont herein named, and by the second- sec- 
tion of said ordinance the right and franchise was grant- 
ed to said Texas & New Orleans Railroad Company, to 
construct two additional tracks from a point west of 
Orleans Street to the south side of the tracks of said 
company already located thereon across said Or! earn 
Street in an easterly direction, and, 

Whereas, said Texas & New Orleans Railroad Com- 
pany by and through its second vice-President and Man- 
ager, W. G. Van Vleck, has agreed to waive the second 
section of said ordinance and is willing that same be 
repealed. 

Therefore be it ordained by the City Council of the 
City of Beaumont that section two of said ordinance 


CITY OF BEAUMONT. 


365 


above described permitting said tracks to be placed across 
Orleans Street on the south side of the main line of said 
railroad, be and the same is hereby repealed. Passed 
February, 1904. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company be, and it is hereby granted the right and priv- 
ilege to extend the present spur track on the south side 
of its main line and which is situated next to and ad- 
joining the property of the Beaumont Ice, Light and Re- 
frigerating Company in a westerly direction parallel 
with its present main line across Travis Street on the 
south side of said present main line. 

Sec. 2. That if the said Texas & New Orleans Rail- 
road Company exercises the privileges herein granted 
it shall restore said Travis Street at the point where the 
said track will cross the same to its former condition as 
nearly as practicable and will so maintain said crossing as 
long as said track occupies said street. 

Sec. 3. That if said street is paved in the future 
along where said railroad crosses same, said railroad 
company shall pay its pro rata of the expenses of such 
paving and maintaining as provided by the Charter and 
Ordinances of the City of Beaumont. Apr. 7th, 1904. 

WATER PIPES. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company is hereby granted the right and privilege to 
construct a pumping station on its right of way near 
Neches River and lay a pipe line along its right of way 
from Neches River to its yards in the west side of the 
City crossing Tevis, Cypress, Travis, Main, Pearl, Crock- 
ett and Orleans Streets. 

Sec. 2. Said pipe to be cast iron six inches or more 


366 


CHARTER AND ORDINANCES 


in diameter with all joints well leaded so as to prevent 
leakage and to be buried at least six (6) feet below the 
grade of said streets, said pipe line and water to be used 
for the sole and only use of said company for water for 
its railroad purposes. 

Sec. 3. Said streets where pipe line crosses shall be 
restored at once to their former condition and the work 
shall be done speedily so as to interfere with travel over 
said streets as little as practicable and only one street 
being disturbed at a time except where Crockett and Or- 
leans Streets cross each other on said right of way. All 
to be done under the supervision o^ the Street and Bridge 
Committee and City Engineer. Ang. 17, 1904. 

SECOND STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company is hereby granted the permission and right 
to construct and maintain at its own expense a switch 
track along and upon Second (2nd) Street in the Park- 
dale Addition to this city, from the junction of said 
Second Street with the main line of the Texas & New 
Orleans Railroad northwardly along said Second Street 
to the south line of South Street in said addition and 
over and across all streets and alleys crossing or intersect- 
ing said Second Street. 

Sec. 2. That said Texas & New Orleans Railroad 
Company shall at its own expense construct all necessary 
culverts and drains under said switch, place and main- 
tain all proper and necessary crossings at the intersec- 
tions of all streets it may cross, and shall within a rea- 
sonable time, not to exceed six months from the date of 
the acceptance of this grant ballast said switch track 
between the rails thereof and at least two feet on the out- 
side of each rail, with gravel, shell, crushed rock or other 
suitable material and will at all times keep the said track 
on a level with the grade *f said street. 


CITY OF BEAUMONT. 


367 


Sec. 3. In the evenl that fro^i any cause the neces- 
sity for the continued maintenance of said switch on said 
street shall cease, in that event, said railroad tompany 
binds itself to remove the said switch within thirty days 
after service of a written demand therefor made by the 
authority of the City Council of the City of Beaumont. 

Sec. 4. The rights herein given shall continue for 
a period of fifty (50) years from the date of acceptance 
hereof by said railroad company and on the expiration 
of said period, all rights herein shall cease and said 
switch and track shall be removed and said street re- 
stored to condition suitable for ordinary travel at the 
cost of said company. 

Sec. 5. After the passage hereof the Texas & New 
Orleans Railroad Company shall file, with the City Sec- 
retary, written acceptance of the rights herein granted 
before this ordinance shall be effective. Passed July 
5th, 1905. 

HICKORY, TRAVIS AND MAIN STREETS. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company, be and it is hereby granted the right of way 
and the privilege to construct and operate a switch or 
spur track from a connection with its present spur track 
on Hickory Street at the noHh corner of Block 14 at the 
intersection of Main and Bowie Streets, thence across 
Main and across Travis Street to the west line of Cypress 
Street as shown by the red line on the blue print hereto 
attached, and marked “Exhibit A” and made a part of 
this ordinance. 

Sec. 2. The rights herein granted to the said Texas 
& New Orleans Railroad Company are so granted upon 
the expressed conditions that said railroad company, its 
successors and assigns shall, in all things, strictly comply 
with all provisions of the City Charter of the City of 
Beaumont and any and all ordinances that may be law- 
fully passed by the City Council regulating the railroad 


368 


CHARTER AND ORDINANCES 


tracks, turnouts and switches within the city limits and 
keeping in good repair and condition all street and ah^" 
crossings, intersected by said switch and track. That 
said railroad company shall an,d will fill in between its 
ties and rails and between its present switch track and 
the one to be constructed hereunder with rock, shell, 
gravel or sand and keep the same ballasted with such 
material so the same shall at all times be in condition 
for ordinary traffic over, across, and along the same, 
and construct its said track on the proper grade as may 
be established by the City Engineer. 

Sec. 3. The rights and privileges herein granted 
shall continue for the period of twelve (12) years from 
the date of the final passage and approval by the Mayor, 
unless sooner forfeited for failure to comply with any of 
the terms and provisions thereof. 

Sec. 4. The rights and privileges herein granted 
shall be effective and shall accrue in favor of the said 
railroad company only upon the filing of a written ac- 
ceptance to be executed by the proper officers of the 
said Texas & New Orleans Railroad Company and filed 
with the City Secretary of this city within thirty days 
from the approval hereof by the Mayor. Approved Feb. 
20th, 1906. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the conditional grant made by the Texas 
& New Orleans Railroad Company to the City of Beau- 
mont for acceptance through its City Council be and the 
same is hereby accepted by the City Council for and in 
behalf of the City of Beaumont upon the terms and con- 
ditions therein expressed, said grant being in words and 
figures substantially as follows: 

The State of Texas, 

County of Jefferson. 

KNOW ALL MEN BY THESE PRESENTS: That 


CITY OF BEAUMONT. 


369 


the Texas & New Orleans Railroad Company, a private 
corporation, duly incorporated under the laws of the 
State of Texas, the principal office being in Harris Coun- 
ty, Texas, for and in consideration and upon express 
conditions that the City of Beaumont shall at all times 
recognize and respect the terms and conditions of this 
instrument and carry out in good faith all the duties 
and obligations imposed upon it by the terms of this in- 
strument, and for no other consideration has granted, 
sold and conveyed, and does hereby grant, sell and con- 
vey unto the City of Beaumont, a municipal corporation 
chartered under the special act of the Legislature of the 
State of Texas, the right and privilege of using for street 
purposes that certain strip of land, connecting Mariposa 
Street on the North side of the Grantor’s railroad right 
of way of the City of Beaumont with Bibb Avenue on 
the south side of said right of way, said strip of land 
being more particularly described as follows : 

4 ‘Beginning on the southeast corner of Lot 1, Block 
37, Van Wormer Addition, same being in the southern 
edge of the right of way of the T. &. N. O. R. R.; thence 
in the same course of the western boundary line of Bibb 
Avenue, if extended, 208.98 feet to a point of curve; 
thence on a 20 degree curve right 200.2 to a point of 
tangent; thence on the same course of the western boun- 
dary line of Mariposa, if extended, 203.45 feet to the 
southeast corner of Lot 12, Block 37, Calder Addition, 
which is in the right of way of the T. & N. O. R. R.; thence 
in a southeast direction with the edges of the T. &. N. 
O. right of way 65.27 feet to a point which is 10 feet at 
right angles from the eastern edge of Mariposa; thence 
south 10 feet from the palallel to the eastern edge of Mar- 
iposa; thence south 10 feet from and parallel to the east- 
ern edge of Mariposa 175.95’ to a point of curve; thence 
with a 25 degree and 11 minutes curve left 161.44’ to a 
point of tangent ; thence in a southeasterly direction with 
the eastern edge of Bibb Avenue, if extended to a point 
in the southern boundary line of T. & N. O. right of way; 
thence in a westerly direction to a place of beginning: 


370 


CHARTER AND ORDINANCES 


To have and to hold all and singular the above priv- 
ileges aforesaid to it the city of Beaumont, but only upon 
the express conditions and terms herein set forth : 

The Texas and New Orleans Railroad Company shall 
put in and maintain over said strip of land a crossing 
at grade from the top edge of the railroad bed at the north 
side of its most northerly track as at present constructed 
across said proposed street, constructing as promptly 
as practicable said crossing between the two points here- 
inafter specified and maintaining same at its own ex- 
pense across all five tracks intervening between said 
points. 

But the said Railroad Company shall not be required 
now or at any time in the future to either consrtuct or 
maintain any part of said proposed street crossing north 
of the top edge of its road bed at the north side of the 
most northerly track as at present constructed over the 
proposed street, nor south of the top edge of its road bed 
at the south side of the most southerly track as at pres- 
ent constructed across said proposed street. But all of 
said crossings except between the two points last named 
shall be constructed and forever maintained at the sole 
and exclusive cost and expense of the City of Beaumont, 
in such manner as it may determine upon provided that 
the city of Beaumont shall make all suitable and proper 
arrangements for drainage and be alone responsible for 
the construction and maintenance of such portion of said 
crossings including both driveway and sidewalk. 

The said railroad company shall have the right, 
which is herein reserved to hereafter construct and main- 
tain at such time or times as it may desire such an addi- 
tional track or such additional tracks as it may elect 
across said proposed street crossing, but in the event of 
the construction of such additional tracks the railroad 
company shall at its own expense maintain the addi- 
tional portion of such crossing, if any, occupied by such 
tracks, including only such portions of said crossing as 
are between the two ends of the ties upon which each 
additional track is laid. 


CITY OF BEAUMONT. 


371 


The said railroad company shall have the right to 
use any or all of the tracks crossing said proposed street 
for switching and making up its trains and all such neces- 
sary handling of the trains and cars over same that may 
be incident to its business, subject, however, to the rules 
and ordinances prescribed by the city council, but shall 
not be in any manner so restricted in such use of its 
tracks, at present or hereafter to be, constructed across 
said proposed street as to prevent or unreasonably inter- 
fere with the use of said tracks for any and all pur- 
poses hereinbefore mentioned. 

Each and all terms and conditions of this grant 
are expressly made conditions subsequent, and a viola- 
tion of any of said conditions by the City of Beaumont, 
or any officer, agent or servant acting under authority of 
the city of Beaumont shall at the option and election of 
the Texas & New Orleans Railroad Company, its succes- 
sors and assigns forfeit and determine all the rights 
hereby granted to the city of Beaumont, and upon such 
breach of conditions upon written notice from the Texas 
& New Orleans Railroad Company, its successors and 
assigns delivered to the mayor or other presiding or chief 
executive officer of the city of Beaumont all rights here- 
inbefore granted shall immediately revert to the Texas & 
New Orleans Railroad Company, its successors and as- 
signs with the right to retake exclusive possession and 
maintain exclusive use of the property hereinbefore de- 
scribed. 

In witness whereof the Texas & New Orleans Rail- 
road Company has caused these presents to be signed 
by W. G. Van Vleck, its second vice president, and its 
corporate seal to be affixed hereto attested by R. G. Cot- 
tingham, its secretary, this 19th day of April, A. I)., 1909. 

Sec. 2. That the said strip of land hereinbefore de- 
scribed be, and the same is hereby ordered opened for 
use as a public street of the city of Beaumont and it 
is further ordered that same be placed in proper condi- 
tion for the use of the public in accordance with the pro- 
visions and terms of the grant to the city of Beaumont 


372 


CHARTER AND ORDINANCES 


from the Texas & New Orleans Railroad Company as set 
forth in Section 1, hereof. Approved June 2nd, 1909. 

MAIN STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company be, and it is hereby, granted the right and 
privilege to extend its certain spur track situated on 
the north side of its main line and east of Main street 
(known as the Langham tract) westward acrosss said 
Main street at a point between 20 and 30 feet from the 
main line. 

Sec. 2. The work when begun shall be completed 
as speedily as possible and the street at the point of 
crossing restored as nearly as practicable to its former 
condition and so maintained by said railroad, as now 
provided by the charter and ordinances of the City of 
Beaumont. 

Sec. 3. This franchise shall in no case remain 
binding upon the city of Beaumont nor exist as a fran- 
chise for a longer period than twenty years from the time 
it is finally adopted by the city council unless the city 
council shall at the expiration of twenty years see fit 
to extend same by granting a franchise extending the 
life of this. 

Passed June 19th, 1906. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Texas & New Orleans Railroad 
Company, be, and it is hereby granted a right of way and 
privilege to construct and operate a switch or spur ‘track 
from a connection with its present spur track or switch 
on Main street at a point in Main street on said switch 
track, eastward from the center of Keith Park; thence 
northward on Main street to the intersection of Forsythe 


CITY OF BEAUMONT. 


373 


Street; thence across Forsythe Street to the intersection 
of Cypress street; thence along and northward on Cy- 
press street to the north corner of lot 612, Block 18 in the 
City of Beaumont, about as shown by the red line on 
blue print attached and marked Exhibit “A” and made 
a part gf this ordinance. 

Sec. 2. The rights herein granted to the Texas & 
New Orleans Railroad Company are so granted upon 
express conditions that the said Railroad Company, its 
successors and assigns shall in all things strictly com- 
ply with all the provisions of the city charter of the City 
of Beaumont, with all ordinances that may be lawfully 
passed by the city council of said city, regulating rail- 
road tracks, turnouts, spurs and switches within the city 
limits, and construct the said track on the proper grade 
as may be established by the city engineer. 

Sec. 3. The rights and privileges herein granted 
shall continue for a period of twenty-five (25) years from 
the date of the final passage and approval by the mayor 
unless sooner forfeited for failure to comply with any of 
the terms and provisions hereof. 

Sec. 4. The rights and privileges heroin granted 
shall be effective and shall accrue in favor of the said 
railroad company only upon the filing of a written ae 
ceptance of the terms hereof, and said acceptance to be 
executed by the proper officers of the Texas & New Or- 
leans Railroa'd Company and filed with the city secretary 
within thirty days from the approval hereof by the may- 
or. Approved Dec. 23rd, 1909. 

Whereas, the city council of the City of Beaumont, 
did on to-wit the 5th day of May, 1903, pass an ordinance 
granting to the Texas & New Orleans Railroad Company 
a right of way across Tevis street, Cypress street, Travis 
street, Main street, Pearl street, Crockett street and Or- 
leans street to construct and maintain a railroad track 


374 


CHARTER AND ORDINANCES 


and to operate a railroad thereon, subject to certain re- 
strictions, duties and obligations on the part of the said 
railroad company, and whereas the charter of the city 
of Beaumont requires that any railroad company occu- 
pying a street which has been paved shall become liable 
as therein provided, and that before any railroad com- 
pany shall be permitted to occupy such improved street or 
portions of streets, it shall file with the city secretary in 
writing prepared by the city attorney an acceptance of 
the terms on which its occupancy shall be permitted 
and whereas the said right of way is over certain paved 
streets or portions of streets in the city of Beaumont. 

Now, therefore, the said Texas & New Orleans Rail- 
road Company does by this instrument, prepared by the 
city attorney of the city of Beaumont, accept the fran- 
chise of right of way granted by virtue of the said ordi- 
nance, with all of its terms and provisions. 

Signed by the Texas & New Orleans R. R. Company 

Dated February 2nd, 1904. By W. G. Van Vleck, 

2nd Vice Pres, and Manager. 

TO THE HONORABLE CITY COUNCIL OF THE CITY 
OF BEAUMONT: 

The Texas & New Orleans Railroad Company here- 
by accepts the franchise granted to it on Ihe 20th day 
of February, 1906, by ordinance finally passed and ap- 
proved on said date, granting to the said railroad com- 
pany permission to construct and operate a spur track 
from a connection with its present spur track on Hick- 
ory Street at the north corner of Block 14 at the intersec- 
tion of Main and Bowie Streets, thence across Main 
street, thence extending along Hickory Street and across 
Travis Street to the west line of Cypress Street as shown 
by the red line on the blue print map attached to and 
made part of this ordinance. 

Witness the signature of the Texas & New Orleans 


CITY OF BEAUMONT. 


375 


Railroad Company by A. S. Johnson, Superintendent 
thereof, this 20th day of March, 1906. 

Texas & New Orleans R. R. Co. 

Per A. S. Johnson, Supt. 

TO THE HONORABLE CITY COUNCIL OF THE CITY 

OF BEAUMONT: 

The Texas & New Orleans Railroad Company here- 
by accepts the franchise granted to it during your July, 
1906, session for the extension of its spur track on the 
north side of its main tracks across Main Street in said 
city. 

Witness the signature of said Texas & New Orleans 
Railroad Company acting herein by and through its 
superintendent, A. S. Johnson, this 2nd day of August, 
1906. 


Texas & New Orleans Railroad Company, 

Per A. S. Johnson, Supt. 

Received and filed this 3rd day of August, A. D. 
1906. J. G. Sutton, City Secretary. 

WRITTEN ACCEPTANCE. 

Beaumont, Texas, Jan. 22, 1910. 

To the Honorable Mayor and City Council of the City of 
Beaumont, Jefferson County, Texas: 

In accordance with the provisions of ordinance re- 
cently passed by you, granting to the Texas & New Or- 
leans Railroad Company, the right to build a switch track 
leading off from its main track now on Main street into 
the property adjoining Main street on the east known as 
S. P. Kelley property, we hereby accept such franchise 
according to the terms of the ordinance passed by your 
Honorable body. 

Texas & New Orleans Railroad Co. 

By Parker & Orgain, 

Its Division Attys. 


376 


CHARTER AND ORDINANCES 


CHAPTER II. 

BEAUMONT, SOUR LAKE & WESTERN RAILWAY 
COMPANY. 

BE IT ORDAINED, BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Beaumont, Sour Lake & Western 
Railway Company in its own right and in the right of 
its successors and assigns, is hereby granted the right 
of way for and the authority to construct, own, maintain 
and operate its railroad and railroad tracks, over, 
along and upon and across the following public streets, 
alleys and avenues and highways within the corporate 
limits of the City of Beaumont as follows, to-wit: 

1. For one main line track from the western bounda- 
ry line of the city at or near a point on the said west 
boundary line 927 feet south of the right of way of the 
Texas & New Orleans Railroad Company’s railroad from 
Beaumont to Houston, running thence in an easterly di- 
rection to the west end of the yards of the Texarkana & 
Fort Smith Railway Company. 

2. For one track along the alley which bisects Block 
fifty-two (52), fifty-three (53), fifty-four (54) and fifty- 
five (55) of the Van Wormer Addition, from the Texar- 
kana and Fort Smith Railway Company’s yards on the 
west to a connection with the track of the Gulf & Inter- 
state Railway Company of Texas and the Gulf, Colorado 
& Santa Fe Railway Company, opposite block twenty- 
two (22) of the Van Wormer Addition on the east. 

3. For two tracks along west Bowie Street from the 
yards of the Texarkana & Ft. Smith Railway Company 
on the west to the east line of Railroad Avenue on the 
east. 

4. For one track along the alley bisecting blocks 
fifty-eight (58), fifty-seven (57), and fifty six (56) of 
the Van Wormer Addition from the yards of the Tex- 
arkana & Ft. Smith Railway Company on the west to 
the east line of Railroad Avenue on the east. 


CITY OF BEAUMONT. 


377 


5. For one track on Fannin Street from tha yards 
of the Texarkana and Fort Smith Railway Company on 
the west to the east line of Railroad Avenne on the 
east. 


6. For one track along east Bowie Street, beginning 
at the west boundary line of Sabine Street, running 
thence east along Bowie Street to Main Street, across 
Main Street and across Travis Street and across Cypress 
Street in the most practicable manner to the property 
heretofore known as the property of the Texas 
Tram & Lumber Company on the Neches River. 

7. For one track at or about the intersection of 
Avenue C with the west end of Crockett Street to a con- 
nection with the tracks of the Texarkana & Ft. Smith 
Railway Company at the northwest end of the yards of 
said company. 

8. For one track east of and adjoining and practi- 
cally parallel to the northeast boundary line of the yards 
of the Texarkana and Ft. Smith Railway Company, 
crossing the alley which intersects block fifty-two (52) 
and crossing Avenue A and Bowie Street near the inter- 
section thereof and crossing the alley which intersects 
block fifty-eight (58) and crossing Bibb Avenue near 
where the same intersects Fannin Street. 

9. For one track on Fannin Street beginning at the 
east boundary line of Railroad Avenue, and running 
thence along Fannin Street to the east end thereof, and 
thence to the Neches River; provided it is not intended 
hereby to grant to said Railway company the right to 
occupy both that part of Bowie Street described in para- 
graph six above, and also that part of Fannin Street de- 
scribed in this paragraph, and the said railway company 
is required to elect between said streets at said points, 
and file in the office of the Secretary of this city within 
ten months alter the final passage of this ordinance c,sqci 
before laying its tracks on either street between the 
points mentioned, an instrument signifying which of the 
two said streets at said points, it elects to occupy and 


378 


CHARTER AND ORDINANCES 


thereupon the right of way over the street not so designa- 
ted shall be deemed abandoned. 

10. For one track along the alley intersecting blocks 
forty-seven (47), forty-six (46), forty-five (45) of the 
Van Wormer Addition beginning at or near the west 
boundary line of Avenue C opposite and west of said al- 
ley, crossing Avenue B and Avenue A, to the west boun- 
dary line of Bibb Avenue. 

11. With the right to cross and intersect all alleys, 
streets, avenues and highways over which the rights of 
way above described are granted. 

Section 2. That no switching or making up or di- 
viding trains shall be done on east Bowie Street or Fan- 
nin street between Orleans and Main Streets. 

Section 3. The obligation is hereby imposed upon 
said Railway company from time to time as required by 
the city council to surface any and all tracks, laid on 
any of the streets, alleys, avenues or public highways, 
the right of way which is hereby granted, to the grade 
level of the street with sand, crushed rock, shell, brick 
or other suitable material, as the city council may di- 
rect; and in the event that at any time the city may un- 
dertake to construct public sewers underground, inter- 
secting any such track or tracks, the railway company 
shall be bound to pay for so much of said sewerage as un- 
lies such track or tracks intersected by such public sewer 
and the railway company likewise shall be liable to con- 
struct, build and maintain such ditches and culverts as 
may be directed by the city council. The portions of 
such streets, alleys, avenues or public highways occupied 
by said Railway Company, and in respect to which the 
foregoing obligations and all other obligations are here- 
by imposed, shall be deemed to mean all that portion of 
the street between the rails of said tracks, and extend- 
ing twelve (12) inches beyond the outer edge of the rails 
of such tracks, and the space between double tracks, and 
between main tracks, and side tracks and turnouts. 

Sec. 4 The righf t>f way for the tracks above de- 


CITY OF BEAUMONT. 


379 


scribed is intended to mean and be limited to the right 
of way for a single track except where right of way is 
granted for double tracks. Single tracks shall be laid 
as nearly as practicable to the center of the street and 
double tracks shall be constructed as nearly as practica- 
ble on 15 ft. center equidistant from the center of the 
street; provided, it is not hereby intended to prohibit 
the approaching, crossing or departure of tracks on any 
of said streets, alleys, avenues or highways on necessary 
curvatures, but so soon as said tracks attain the point of 
tangency thereafter, such tracks on tangents shall be 
constructed as nearly as practicable to the center of the 
street. 

Sec. 5. The said railway company, its successors or 
assigns shall take the rights and franchises herein 
granted, subject to the provisions of the present charter 
of the city of Beaumont, and of any amendment which 
may hereafter be made thereto, and subject to the ordi- 
nances of said city now in force or which may hereafter 
be adopted; provided, that upon and after the construc- 
tion of said railroad, its rights, franchises and privileges 
derived from this ordinance shall be irrevocable for a 
period of fifty years from the final passage of this or- 
dinance for which length of time said rights, franchises 
and privileges are hereby granted; and provided further 
that in the event the city of Beaumont shall decide at 
any time to pave, repair or improve said streets, alleys, 
avenues or highways over which the right of way above 
described has been granted or any of them, the said rail- 
way company, its successors or assigns, shall be required 
to pave, repair or improve only so much of said street as 
is occupied by the track of the railway company as that 
space is hereinafter described. 

Sec. 6. The rights, authorities and privileges here- 
by ordained and granted to the Beaumont, Sour Lake and 
Western Railway Company, its successors and assigns 
shall subsist and be vested in the Beaumont, Sour Lake 
and Western Railway Company, its successors and as- 
signs for a period of fifty years from the date of its final 
passage by the council. 


380 


CHARTER AND ORDINANCES 


Sec. 7. The rights, franchises and privileges hereby 
granted to the said Railway Company are subject to the 
following conditions, only: 

1. That the said Railway Company, its successors, 
or assigns, shall construct its said railroad tracks over 
and along the streets, alleys, avenues, and highways, the 
right of way over which is hereby granted, within a pe- 
riod of one year from the final passage of this ordinance, 
and in respect to any street, alley, avenue or public high- 
way the right of way over which is hereby granted upon 
and over which the railway company shall not con- 
struct its said track within said period of one year from 
tlie date of the final passage of this ordinance, it shall 
be deemed that said right of way has been abandoned; 
provided, that the said period of one year hereby af- 
forded to the Railway Company for the construction of 
its tracks along, upon, over or across any of said streets, 
alleys, avenues or public highways, shall not include and 
shall be additional to any period of time during the course 
of which the right of said railway company to occupy or 
construct its railroad on said street shall be hindered or 
prevented or interrupted by litigation in respect thereto. 

2. That tne r>eaumont, Sour Lake and Western 
Railway Company shall within thirty days after the final 
passage of this ordinance, file with the Secretary of the 
City of Beaumont an instrument in writing accepting the 
benefits of this ordinance upon and subject to the terms 
thereof. 

Sec. 8. The provisions of this ordinance shall take 
effect and be in force subject to the conditions thereof 
from and after its final passage. Approved Feb. 1st, 
1906. 


BIBB AVENUE. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Beaumont, Sour Lake and Western 
Railway Company in its own right and in the right of its 


CITY OF BEAUMONT. 


381 


successors and assigns, is hereby granted the right and 
authority to construct, own, maintain and operate, a rail- 
road track over, along, upon and across the following 
public streets or highways within the corporate limits 
of the City of Beaumont, as follows, to-wit : 

1. Across Bibb Avenue and across Fannin street at 
the intersection thereof immediately adjoining and al- 
most parallel to the north boundary line of the yards of 
the Texarkana and Fort Smith Railway Company, and 
if necessary across Rachford Street and Forsythe Street 
immediately north of and adjoining the north # boundary 
line of said yards of the Texarkana & Ft. Smith Railway 
Company. 

2. Beginning at or near the northwest corner, at 
the intersection of Wall Street with Railroad Avenue and 
thence on a right curve crossing Wall Street in a south- 
easterly direction along Railroad Avene to a connection 
with the track of the Texarkana & Ft. Smith Railway 
Company, at or near the center of Railroad Avenue be- 
tween Block 7 and 8 of the Van Wormer Addition, a dis- 
tance of about two hundred (200) feet. It being the in- 
tention for this grant to authorize the Beaumont, Sour 
Lake and Western Railway Company to construct a track 
from Block 58 of the Van Wormer Addition to and across 
the streets above mentioned along and adjoining the 
north boundary line of said Texarkana & Ft. Smith Rail- 
way Company yards to the point where said track en- 
ters into said yards at the southeast end of same passing 
thence to a connection with the tracks of said Texarkana 
& Ft. Smith Railway Company, at or near the center of 
Railroad Avenue as above indicated. 

Sec. 2. That if the construction of said railroad 
track in anywise interferes with catch basins or drains 
at the northeast corner of said Block 7, the latter shall 
be reconstructed or readjusted at said point or contig- 
uous thereto in a manner as efficient and serviceable as 
heretofore to the satisfaction of the City Engineer at the 
sole cost and expense of said railway company. 

Sec. 3. The rights and privileges above granted to 


382 


CHARTER AND ORDINANCES 


the railway company are subject to all the liabilities and 
obligations imposed upon the railway company by the 
provisions of Sections 3, 4, 5, 6 and 7 of the original ordi- 
nance in favor of the Beaumont, Sour Lake and Western 
Railway Company above referred to, approved February 
1st, 1906. 

Sec. 4. The provisions of this ordinance shall take 
effect and be in force subject to the conditions thereof 
from and after its final passage. Dec. 14, 1906. 

AN ORDINANCE. 

Whereby the city council of the city of Beaumont, 
grants to the Beaumont, Sour Lake and Western Rail- 
way Company, its successors and asigns, the right to 
construct and operate a railroad track connecting with its 
existing track which is constructed along the alley which 
intersects Blocks Nos. fifty-six (56), and fifty-seven 
(57), of the Van Wormer Addition to the City of Beau- 
mont at about opposite the west boundary lines of lots 
Nos. one (1) and twelve (12) of said block No. fifty- 
seven (57) of said addition, and which shall be construct- 
ed, thence in an easterly direction along said alley and 
across Rachford Avenue to the point where same will 
intersect Lot No. seven (7), block No. fifty-six (56), near 
its northwest corner a distance of about one hundred and 
twenty-five feet, and imposes certain conditions in re- 
spect thereto. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY oF BEAUMONT: 

Sec. 1. That the Beaumont, Sour Lake and Western 
Railway Company, its successors and assigns, is hereby 
granted the right of way for and the authority to con- 
struct, own, maintain and operate a railroad track which 
will spring from the track which it now owns, laid along 
the center of the alley which intersects Blocks Nos. fifty- 
six and fifty-seven (56 and 57) of the Van Wormer Ad- 
dition to the City of Beaumont at about opposite the west 
boundary lines of lots Nos. one (1) and twelve (12) of 


CITY OF BEAUMONT. 


383 


said Block No. fifty-seven (57) of said addition and 
which will he constructed thence in an easterly direction 
along said alley and across Rachford Avenue to the 
point where same will intersect Lot No. seven (7), Block 
No. fifty-six (56) near its northwest corner a distance of 
about one hundred and twenty-five (125) feet. 

Sec. 2. This grant is made subpect to the same terms 
and conditions imposed upon the Beaumont, Sour Lake 
and Western Railway by the city council of the City of 
Beaumont in an ordinance granting the Beaumont, Sour 
Lake and Western Railway Company the ri^ht to lay 
its tracks and operate its roadbed over, along, upon and 
across certain public streets, alleys, avenues and high- 
ways within the corporate limits of the City of Beaumont, 
approved Feb. 1st, 1906, recorded in the Record of Ordi- 
nances of the City of Beaumont, Texas, Book No. 1, pages 
359 to 369 inclusive, to which reference is hereby made. 

Sec. 3. The provisions of this ordinance shall take 
effect and be in force subject to the conditions thereof 
from and after its final passage. Approved March 18th, 
1908. 

ACCEPTANCE. 

THE STATE OF TEXAS, 

County of Jefferson. 

Whereas, heretofore on March 17th, 1908, the city 
council of the city of Beaumont passed an ordinance en- 
titled: An ordinance whereby the city council of the 
city of Beaumont, grants to the Beaumont, Sour Lake and 
Western Railway Company, its successors and assigns, 
the right to construct and operate a railroad track con- 
necting with its existing track which is constructed along 
the alley which intersects Blocks Nos. fifty-six (56) and 
fifty-seven jT)7) of the Van Wormer Addition to the City 
of Beaumont at about opposite the west boundary lines 
of lots Nos. one (1) and twelve (12) of said Block No. 
fifty-seven (57) of said addition and which will be con- 
structed thence in an easterly direction along said alley 
and across Rachford Avenue to the point where same 


384 


CHARTER AND ORDINANCES 


will intersect Lot No. seven (7), block fifty-six (56) near 
it's northwest corner, a distance of about one hundred 
and twenty-five (125) feet, and imposes certain con- 
ditions in respect thereto. 

Now, therefore, inconsideration of the circum- 
stances, the Beaumont, Sour Lake and Western Railway 
Company does hereby accept the benefits of said ordi- 
nance upon and subject to the terms thereof. 

In testimony whereof the Beaumont, Sour Lake and 
Western Railway Company has caused this instrument to 
be executed by its Vice President and General Manager 
this 21st day of March, 1908. 

The Beaumont, Sour Lake & Western Railway Company, 

By J. H. Elliott, 

Vice Pres. & Gen. Mgr. 

THE STATE OF TEXAS, 

County of Jefferson. 

Whereas, the city council of the city of Beaumont in 
the county of Jefferson, State of Texas, has heretofore 
to-wit, on January 16th, 1906 passed, ordained and em- 
acted a certain ordinance, the same being entitled: 

“AN ORDINANCE” 

Whereby the city council of the city of Beaumont 
grants to the Beaumont, Sour Lake and Western Railway 
Company, its successors and assigns, the right to lay its 
railroad tracks and operate its railroad over, along and 
upon and across certain public streets, alleys, avenues 
and highways within the corporate limits of the city of 
Beaumont, and imposes certain conditions in respect 
thereto. 

Now, therefore, in consideration of the premises and 
of the terms and stipulations of said ordinance, the Beau- 
mont, Sour Lake and Western Railway Company does 
hereby accept the benefits of the aforesaid ordinance 
upon and subject to the terms therefor. 

In testimony whereof witness the signature of the 


CITY OF BEAUMONT. 


385 


Beaumont, Sour Lake and Western Railway Company, 
by its president, attested by its secretary with the cor- 
porate seal attached, this, the 17th day of Jan. 1906. 

The Beaumont, Sour Lake & Western Railway Company, 

By R. C. Duff, Pres. 

THE STATE OF TEXAS, 

County of Jefferson. 

Whereas, heretofore, prior to February 1st, 1906, the 
city council of the City of Beaumont, Texas, passed an 
ordinance entitled 1 ‘ An ordinance whereby the city coun- 
cil of the city of Beaumont, grants to the Beaumont, Sour 
Lake and Western Railway Company, its successors and 
assigns, the right to lay its railroad tracks and operate 
its railroad over, along and upon and across certain 
public streets, alleys, avenues and highways within the 
corporate limits of the City of Beaumont, and imposes 
certain conditions in respect thereto 9 1 which certain ordi- 
nance was approved by the Mayor of the city of Beau- 
mont, Februrary 1st, 1906, and 

Whereas, among other rights of way granted by said 
ordinance, were those certain streets and parts of streets 
described in paragraphs 6 and 9 of section one, of said 
ordinance, and, 

Whereas, it was declared that it was not intended 
by said ordinance to grant to this company the right to 
occupy both that part of Bowie Street described in said 
paragraph 6 and also the part of Fannin Street described 
in paragraph 9 and this company was required to elect 
between said streets at said points, and to file in the 
office of the city secretary, within ten months, and be- 
fore laying its track on either street between the points 
mentioned, an instrument signifying which of the two 
said streets at said points it elects to occupy: 

Now, therefore, in conformity with the terms and . 
provisions of said ordinance, the Beaumont, Sour Lake 
and Western Railway Company hereby elects to occupy 
under the terms of said ordinance, that portion of Bowie 
street described in said paragraph 6 of section one, of 


386 


CHARTER AND ORDINANCES 


said orinance, for a more particular description of which 
reference is hereby made to the original ordinance re- 
corded in the record of ordinance of the City of Beau- 
mont, Book No. 1, pages 359 to 369 inclusive. 

The Beaumont, Sour Lake and Western Railway 
Company further states than since the passage of said 
ordinance, and down to the present time, the right of the 
railroad company to occupy or construct its railroad on 
said portion of Bowie street described in said paragraph 
6, section one of said ordinance, has been hindered and 
prevented by litigation in respect thereto, pending in 
United States Circuit Court at Houston, Texas, entitled 
“ Maryland Trust Company, et al vs. Houston Oil Com- 
pany, et al., in which said suit is being: contested by di- 
vers persons the right of this company to occupy or con- 
struct its railroad on said street. 

In testimony whereof, the Beaumont, Sour Lake and 
Western Railway Company has caused this instrument to 
be executed, in its name, by its president, attested by its 
secretary with corporate seal this 17th day of November, 
1906. 

The Beaumont, Sour Lake & Western Railway Company, 
Attest: By H. M. Hood, (Seal) By R. C. Duff, 

Its Secretary. Its President. 

THE STATE OF TEXAS, 

County of Jefferson. 

Whereas, heretofore the city council of the city of 
Beaumont, Texas, has passed, enacted and adopted an or- 
dinance, the same being entitled 1 ‘An ordinance whereby 
the city council of the City of Beaumont, grants to the 
Beaumont, Sour Lake and Western Railway Company, 
its successors and assigns, the right to lay its railroad 
. tracks and operate its railroad across Bibb Avenue and 
across Fannin Street at the intersection thereof, and if 
necessary across Rachford Street and Forsythe Street, 
and over, along and upon a part of Railroad Avenue and 
across Wall street in the city of Beaumont and to make 


CITY OF BEAUMONT. 


387 


connections with the track of the Texarkana & Ft. Smith 
Kailway Company on Railroad Avenue, and imposing 
certain conditions in respect thereto. 

Which was approved by the Honorable E. A. Fletch- 
er, Mayor of the City of Beaumont, Texas, December 4th, 
1906. 

Therefore the Beaumont, Sour Lake and Western 
Railway Company does hereby accept the right, privi- 
leges and franchises granted and conveyed to it by terms 
of said ordinance upon and subject to the terms and con- 
ditions of the same. 

In testimony whereof the Beaumont, Sour Lake and 
Western Railway Company has caused the instrument to 
be executed by its president, attested by its secretary, 
with the corporate seal affixed this 20th day of Decem- 
ber, 1906. 

The Beaumont, Sour Lake & Western Railway Company, 
Attest: H. M. Hood, (Seal) By R. C. Duff, 

Secretary. President. 

THE STATE OF TEXAS, 

County of Jefferson. 

Whereas, heretofore on March 17th, 1908, the city 
council of the city of Beaumont passed an ordinance en- 
titled “An ordinance whereby the city council of the city 
of Beaumont grants to the Beaumont, Sour Lake and 
Western Railway Company, its successors and assigns 
the right to construct and operate a railroad track con- 
necting with its existing track, which is constructed 
along the alley which intersects blocks Nos. fifty-six (56) 
and fifty-seven (57) of the Van Wormer Addition to the 
city of Beaumont at about opposite the west boundary 
lines of Lots Nos. one (1) and twelve (12) of said Block 
No. fifty-seven (57) of said addition and which will be 
constructed thence in an eastwardly direction along said 
alley and across Rachford Avenue to the point where 
same will intersect Lot No. seven (7) Block fifty-six (56) 


388 


CHARTER AND ORDINANCES 


near its northwest corner, a distance of about one hun- 
dred and twenty-five (125) feet and imposes certain 
conditions in respect thereto. 

Now, therefore, in consideration of the circum- 
stances, the Beaumont, Sour Lake and Western Railway 
Company does hereby accept .the benefits of said ordi- 
nance upon and subject to the terms thereof. 

In testimony whereof the Beaumont, Sour Lake and 
Western Railway Company has caused this instrument to 
be executed by its vice president and general manager 
this, the 21st day of March, 1908. 

The Beaumont, Sour Lake & Western Railway Company, 

By J. H. Elliott, 

Vice Pres. & General Mgr. 


CITY OF BEAUMONT. 


389 


CHAPTER III. 

GULF, COLORADO & SANTA FE RAILWAY COM- 
PANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Texarkana & Ft. Smith Railway 
Company, and the Gulf, Colorado & Santa Fe Railway 
Company, jointly, their successors and assigns are here- 
by granted the right of way for and the authority to con- 
struct, own, maintain and operate a railroad track, which 
shall begin and will spring from the west side of the 
track on Railroad Avenue about 100 feet south of the in- 
tersection of Railroad Avenue with Forsythe Street; 
thence northward on the west side of the track on Rail- 
road Avenue across Forsythe street to Lot 12 in Block 
67 ; thence northward on said Lot 12 across the alley be- 
tween Fannin and Forsythe streets to Lot 1 in said block ; 
thence northward on said lot and across Fannin Street 
to Lot 12 in Block 56; thence northward on said lot across 
the alley between Fannin and Bowie streets to Lot 1 in 
Block 56; thence northward on said lot and across west 
Bowie to Lot 11 in Block 55 in Van Wormer Addition 
to the city of Beaumont, as shown by the map hereto at- 
tached, marked Exhibit “A” and made a part of this 
ordinance, and where said track will make connection 
with a certain branch line of the Gulf, Colorado and 
Santa Fe Railway Company leading from said track on 
Railroad Avenue northward by this point. 

Sec. 2. This grant is made subject to the same terms 
and conditions imposed upon the said Texarkana & Fort 
Smith Railway Company, by the city council of the city 
of Beaumont, in ordinances granting each of said com- 
panies the right to lay their respective tracks, and oper- 
ate their respective railroads over, along, upon and across 
certain public streets, alleys, avenues and highways 
within the corporate limits of the city of Beaumont and 
also subject to the provisions of the charter regulating 


390 


CHARTER AND ORDINANCES 


the construction, maintenance and operation of railroad 
tracks within the corporate limits of the said city. 

Sec. 3. The rights herein granted to the Texarkana 
& Ft. Smith Railway Company and the Gulf, Colorado & 
Santa Fe Railway Company, their successors and assigns, 
are granted for a period of thirty (30) years from the 
date of the passage of this ordinance. 

Sec. 4. The' grantees herein agree and bind them- 
selves to do and perform the following in addition to 
what has been herein provided, to-wit : 

(a) To restore said above mentioned streets to such 
condition as they may be directed to do so by the Street 
and Bridge Committee and the city engineer, of the city 
of Beaumont. 

(b) To construct, build and maintain such drains 
across said streets and under said railroad tracks from 
time to time as may be required by the city engineer of 
said city. 

(c) Upon being notified by the mayor of the City 
of Beaumont to conform the tracks to the street level, 
to repair the tracks, or to repair that part of the street 
upon which the said track is laid, to immediately com- 
ply with said notice, and failing to begin work bona fide 
within ten (10) days after the receipt of such notice by 
the Mayor as aforesaid, the privileges herein granted 
shall be forfeited, and the city of Beaumont shall have 
the right to remove or cause to be removed, the said 
track without any action in court, and without liability 
for such action on the part of the city. 

Sec. 5. Provided that no switch block shall be placed 
in front of the gate of the abutting property owner. 

Sec. 6. The provisions of this ordinance shall take 
effect and be in force subject to the conditions thereof, 
from and after its final passage and approval of the 
Mayor. Approved this 21st day of March, A. D. 1908. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Gulf, Colorado and Santa Fe Rail- 


CITY OF BEAUMONT. 


391 


way Company is hereby authorized to use and occupy, for 
the purpose hereinafter stated, all that small part of 
Trinity Street which lies between Blocks 18 and 19 of the 
Van Wormer Addition to the city of Beaumont, Texas, 
and which lies south of the south boundary line of Crock- 
ett Street. The purpose for which this grant is made is 
to enable said, The Gulf, Colorado and Santa Fe Railway 
Company to construct a platform of concrete, macadam, 
brick, shell or crushed stone thereon; the same to extend 
to the north line of the sidewalk opposite the premises 
mentioned on the south side of Crockett Street; and to 
construct south of such platform and adjacent thereto, a 
substantial roofed platform for the receipt and delivery 
of freight to and from the shipping public. The improve- 
ments hereby authorized and contemplated to be made 
on said premises by the Gulf, Colorado and Santa Fe 
Railway Company under this grant are indicated on a 
blue print hereto attached, marked Exhibit “A” and 
made a part hereof. 

Sec. 2. The Gulf, Colorado and Santa Fe Railway 
Company is authorized to erect such other structures and 
ot^rwise to improve said premises from time to time as 
may ne necessary to enable it to conduct its business with 
the shipping public at said point in the most efficient 
manner. 

Sec. 3. This grant shall become effective on the 
final passage thereof and shall endure and continue for 
such period of time for such purposes until the city of 
Beaumont shall open the said Trinity Street southward 
across the railroad tracks and across what is known as 
the Lumber Yards of the Kirby Lumber Company, and 
also through the adjacent property thereto, connecting 
North Trinity Street with South Trinity Street. And this 
grant shall also extend to the corporate successors and 
assigns, if any, of the Gulf, Colorado & Santa Fe Railway 
Company. 

But this privilege, grant and right to use said por- 
tion of Trinity Street for said purposes shall terminate 
when the said street is opened by the City of Beaumont 


392 


CHARTER AND ORDINANCES 


southward, as above set ferih, and notice is served by the 
City of Beaumont, upon said company or its successors 
to vacate said street and remove the improvements 
placed thereon. 

Sec. 4. The foregoing grant is made upon and sub- 
ject to the following terms and conditions: 

(a) That the Gulf, Colorado and Santa Fe Railway 
Company shall within twenty (20) days after tlie passage 
of this ordinance file in the office of the city secretary 
of the city of Beaumont an instrument accepting the same 
and agreeing to abide by the conditions of same. 

(b) That the Gulf, Colorado and Santa Fe Railway 
Company shall construct and maintain its said improve- 
ments on said premises in a safe, substantial and sightly 
manner and so as to render same efficient for the trans- 
action of its business with the public at said point. 

(c) That said Gulf, Colorado and Santa Fe Railway 
Company hereby agrees, obligates and binds itself, to re- 
move all buildings and obstructions from and vacate said 
portion of Trinity Street whenever the city of Beaumont 
shall open said street southward to connect with south 
Trinity Street, and serve notice upon said company to re- 
move its buildings and all obstructions from said por- 
tion of said Trinity Street. And will promptly comply 
with said notice within sixty (60) days after receipt of 
same. 

(d) The said Railway Company for itself and its 
successors further agrees to pave all that portion of 
Trinity Street, with paving brick, occupied by their said 
improvements and extend said pavement northward to 
the south line of Crockett Street. 

(e) This grant is made subject to the Charter and 
all existing ordinances of the city of Beaumont together 
with any amendments thereto hereafter enacted by the 
Legislature of the State of Texas, or by the city council 
of the city of Beaumont. Passed on the 4th day of No- 
vember, A. D., 1908. 


CITY OF BEAUMONT. 


393 


CHAPTER IV. 

GULF, BEAUMONT & KANSAS CITY RAILWAY 
COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

This day in regular session assembled, that the Gnlf, 
Beaumont and Kansas City Railway Company be, and it 
is hereby authorized to construct and maintain, a switch 
from its yards on and opposite block 18 in the City of 
Beaumont running west and crossing Neches Street at a 
point opposite to ten feet of ground taken off the south 
end of three lots now owned by W. W. Wilson on the 
northwest corner of block 17, being lots 4, 5 and 6, so 
that the said switch may be extended east on a ten foot 
right of way on such right of way as may be required to 
be taken off the south end of said lots 4, 5 and 6, of 
Block 17. 

2. That in constructing the said switch, it 
shall be the duty of the said Railway company to con- 
struct and hereafter maintain, the same at a fair grade 
level with Neches Street and to keep the said street to a 
distance of two feet on each side of the said railroad’s 
track, as well as between the rails, in a good condition 
of repair. 

3. The fact that the switch facilities of said 
railroad for the service of the public are inadequate, 
create a necessity and an imperative public necessity 
exists that the rule regulating the reading of this ordi- 
nance on three several days be and the same is hereby 
suspended and this ordinance shall become and be ef- 
fective from and after its passage. Approved March 
15th, 1902. 


394 


CHARTER AND ORDINANCES 


CHAPTER V. 

GULF AND INTERSTATE RAILWAY COMPANY. 

AN ORDINANCE. 

Confirming and granting to the Gulf and Interstate 
Railway Company of Texas, the right to use and cross 
certain streets in the City of Beaumont: 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT IN REGULAR SESSION 

ASSEMBLED: 

Sec. 1. The right to the use and occupation of the 
Gulf and Interstate Railway Company of Texas in and 
along Bonham Street where the track of said railway 
is now built in said street is hereby confirmed and grant- 
ed, as is also the right to use and occupy the forty foot 
street lying between the Texas Tram and Lumber Com- 
pany’s planer and fractional blocks eighteen, nineteen, 
twenty, twenty-one, twenty-two of the Van Wormer Ad- 
dition to the City of Beaumont where said track is now 
constructed and built. 

Sec. 2. It is further ordained that said Railway 
company is hereby granted the right to construct its 
tracks across Avenue A between Blocks 52 and 53 and 
across Avenue B between Blocks 46 and 47, and across 
Bibb Avenue between blocks 44 and 45 and 53 and 54, 
and across Rachford Avenue between blocks 43 and 
44 and 54 and 55, and across Crockett Street between 
blocks 44 and 55, and 46 and 52, and across Bowie Street 
between blocks 55 and 56, and across Fannin Street be- 
tween blocks 56 and 67, all of which blocks are in the 
Van Wormer Addition to the City of Beaumont. 

Provided, however, that said railway company shall 
put in at its own expense first-class street crossings at 
each of said street crossings above mentioned and shall 
maintain the same at its own expense. 

Provided, further, that it shall make and maintain 
all proper, suitable and sufficient culverts wherever 


CITY OF BEAUMONT. 


395 


needed on said streets for drainage under its tracks, and 
maintain the same at its own expense. 

Provided further, that said railway company is only 
granted the right to cross said streets opposite to the 
property that it now owns by recent purchase from S. H. 
Van Wormer and Geo. B. McHugh, part of which the 
said McHugh purchased from Ed Van Wormer, and Mrs. 
Sibbie Holmes and her husband, John Holmes. 

It is further ordained that said railway company has 
the right to construct its tracks across the alley-ways* 
through blocks 44, 55, 56 and 67 under the conditions 
contained in the three above provisions. 

Sec. 3. Be it further ordained, that said railway 
company shall have the right to construct its tracks far 
enough into Railroad Avenue from where it leaves Block 
56 and where it intersects Railroad Avenue to its junc- 
tion with the Texarkana and Fort Smith Railway com- 
pany’s track. 

The rights herein granted are shown by a map here- 
to attached, and the property purchased is marked with 
a cross in red ink. Approved April 7, 1899. 


396 CHARTER AND ORDINANCES. 

CHAPTER VI. 

TEXARKANA & FORT SMITH RAILWAY COM- 
PANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texarkana Ft. Smith Railway Com- 
pany be and are hereby authorized to construct and main- 
tain one single standard gauge railroad track, and to 
operate its cars thereon, for the purpose of transporting 
freight and passengers and for such other purpose as it 
may lawfully do as a common carrier on, over and along 
Railroad Avenue. 

Sec. 2. That said Railway company shall be required, 
at its own expense, to construct and maintain suitable 
ditches and culverts for the purpose of properly drain- 
ing said Railroad Avenue, and to construct and maintain 
good and sufficient crossings at the intersection of all 
cross streets with easy approaches thereto, so as to keep 
said street and crossing in such a condition as not to in- 
terfere with public traffic and travel thereon. 

Sec. 3. That said Railway company shall be further 
required to construct and maintain said railroad track at 
the same grade or level as the established grade or level 
of said avenue so as not to in any wise obstruct the use 
of the same by the public, and shall also, within a rea- 
sonable time, not exceeding one year after the construc- 
tion of said railroad track, ballast said railroad track 
between the rails and to a distance of two feet on either 
side thereof with rock, gravel, shells, cinders, sand and 
other suitable material in such a manner that said tracks 
may be on a level with the grade of the streets. 

Sec. 4. That the foregoing right and privilege is 
hereby granted to said Railway company upon the ex- 
press condition that said railway company, through its 
proper officer or officers, shall within thirty days after 
the approval of this ordinance, file with the city clerk 
its written acceptance of this ordinance; and upon fur- 


CITY OF BEAUMONT 


397 


ther condition that the railroad to be constructed thereon 
shall be complete upon and along said Railroad Avenue 
within eight months from the passage of this ordinance, 
and that said Texarkana & Fort Smith Railway Com- 
pany, shall locate, establish and maintain both its freight 
and passenger depots for their Beaumont station within 
the present corporate limits of said city, and upon the 
failure or refusal of said company to comply with the 
above conditions, then in that case, they forfeit the 
rights, privileges, use and possession of said Railroad 
Avenue, the same shall immediately revert back to the 
City of Beaumont, and this ordinance shall be and be- 
come null and void. 

(January 29, 1896.) 

BE IT ORDAINED BY THE CITY COUNCH, OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Texarkana & Ft. Smith Railway 
Company, be and is hereby authorized to construct and 
maintain one single standard gauge railroad track, and 
necessary turnouts and switches, and to operate its cars 
thereon for the purpose of transporting freight and pas- 
sengers, and for such other purposes as it may lawfully 
do as a common carrier on, over and along Washington 
Street, also the right to cross Holmes Avenue near its in- 
tersection with Washington Street; also the right to 
cross College street and Milam street near their inter- 
section with Railroad Avene. 

Sec. 2. That said Railroad company shall be reqired, 
at its own expense, to construct and maintain suitable 
ditches and culverts for the purpose of properly draining 
said Washington Street, and to construct and maintain 
good and sufficient crossings at the intersection of all 
cross streets, with easy approaches thereto, so as to keep 
said street and crossings in such a condition as not to in- 
terfere with public travel and traffic thereon. 

Sec. 3. That the said Railway company shall be fur- 
ther required to construct and maintain said railroad 
track at the same grade or level as the established grade 


398 


CHARTER AND ORDINANCES. 


or level of said street, so as not to in any wise obstruct 
the use of the same by the public, and shall also within 
a reasonable time, not exceeding one year after the con- 
struction of said railroad track, ballast said railroad 
track between the rails and to a distance of two feet on 
either side thereof with rock, gravel, shells, cinders, sand 
or other suitable material in such a maimer that said 
tracks may be on a level with the grade of the streets. 

Sec. 4. That the foregoing right and privilege is 
hereby granted to said Railway company upon the ex- 
press condition that said railway company, through its 
proper officer, or officers, shall within thirty days after 
the approval of this ordinance, file with the city clerk 
its written acceptance of this ordinance, and upon further 
condition that the railroad to be constructed thereon 
shall be completed upon and along the said Washington 
street within eight months from the passage of this or- 
dinance, and that the said Texarkana and Fort Smith 
Railway company shall locate, establish and maintain 
both its freight and passenger depots for the Beaumont 
station within the present corporate limits of the said 
city ; and upon failure or refusal of said company to com- 
ply with the above conditions, then in that case, they 
forfeit the rights, privileges, use and possession of said 
Washington Street; the same shall immeidateiy revert 
back to the city of Beaumont, and this ordinance shall 
be, and become null and void. (February 18th, 1896.) 

WASHINGTON STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

That the Texarkana & Ft. Smith Railway company 
is granted the right and privilege to construct, own and 
operate a spur track along Washington Street beginning 
at or east of a point on the east line of Main Street by the 
side of Block 3 ; thence in an easterly direction along said 
Washington Street to the terminus thereof. Approved 
May, 1900. 


CITY OF BEAUMONT 


399 


HOLMES AVENUE. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. The right to lay three side tracks, spurs and 
switches from the east leg of the “Y” which crosses 
block 2 of the Van Wormer Addition, across Holmes 
Avenue at any point between Milam and Washington 
Streets to connect with the freight, and for loading and 
unloading purposes; it is hereby granted to the Texar- 
kana & Ft. Smith Railroad Company. 

Sec. 2. Any side-tracks, spurs or switches so built 
or constructed across Holmes Avenue, between Milam 
and Washington Street, under Section 1 hereof, shall be 
built on the grade of Holmes Avenue, which grade shall 
be furnished by the city engineer, and said sidetracks, 
spurs and switches shall be built and constructed under 
the immediate supervision of the city engineer, and shall 
be permanently maintained at such grade. 

Sec. 3. Such side-tracks, spurs or switches so con- 
structed across Holmes Avenue as above provided, shall be 
filled in betwen the tracks between said Railway company 
with gravel, cinders, sand or plank which shall, at all times 
be maintained at the level of the top of the rails so that 
travel with wagons and vehicles of all kinds shall not be 
interfered with; and in addition, said Railroad company 
shall maintain approaches to said tracks on each side, 
which approaches and filling shall be approved by the 
said city engineer. 

Sec. 4. This ordinance shall take effect and be in 
force from and after its passage. Approved Dec. 1th, 
1901. 

WALL STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. The right to lay additional side-tracks, spurs 
or switches for the connection of the yards and main 


400 


CHARTER AND ORDINANCES. 


line of the Texarkana and Fort Smith Railway com- 
pany across Wall Street between Railroad Avenue and 
Rachford Avenue, is hereby granted to the Texarkana 
and Fort Smith Railway Company. 

Sec. 2. Any side-fcracks, spurs or switch built or 
constructed across Wall street at or near its intersection 
with Railroad avenue under Section 1 hereof, shall be 
built on the grade of Wall street which grade shall be 
furnished by the city engineer, and shall be permanently 
maintained at such grade and said side-tracks, spurs and 
switches, shall be built and constructed under the imme- 
diate supervision of the city engineer. 

Sec. 3. Said tracks shall in no event, be higher 
than the grade of said street furnished by said city en- 
gineer and shall be filled in between the tracks by the 
said railway company with gravel, cinders, sand or plank 
for the full width of the street and switch stand taken 
from street and maintained at all times to the level of 
the top rails so that the travel of all wagons, buggies and 
vehicles of all kinds, shall not be interfered with; and 
said railway company shall maintain such tracks in such 
condition perpetually and in addition to the above, said 
railway company shall for a space of ten feet on each 
side of the outer track, make and maintain an approach 
to said crossings and shall maintain same perpetually. 

Sec. 4. The plans of said crossings, filling in and 
approaches, shall be submitted to and approved by the 
said city engineer. 

Sec. 5. This ordinance shall take effect and be in 
force, from and after its passage. May 7th, 1902. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texarkana & Ft. Smith Railway 
company, and the Gulf, Colorado and Santa Fe Railway 
company, jointly, their successors and assigns are hereby 
granted the right of way for and the authority to con- 
struct, own, and maintain and operate a railroad track, 


CITY OF BEAUMONT 


401 


which shall begin and will spring from the west side of 
the track on Railroad Avenue about 100 feet south of 
the intersection of Railroad Avenue with Forsythe 
Street ; thence northward on the west side of the track on 
Railroad Avenue across Forsythe Street to Lot 12 in Block 
67 ; thence northward on said lot 12 across the alley be- 
tween Fannin and Forsythe street to Lot 1 in said block ; 
thence northward on said lot and across Fannin Street 
to Lot 12 in Block 56; thence northward on said lot 
across the alley between Fannin and Bowie streets to 
Lot 1 in Block 56; thence northward on said lot and 
across West Bowie Street to Lot 11 in Block 55 in Van 
Wormer Addition to the city of Beaumont, as shown by 
the map hereto attached, marked “ Exhibit A” and made 
a part of this ordinance, and where said track will make 
connection with a certain branch line of the Gluf, Colo- 
rado and Santa Fe Railway company leading from said 
track on Railroad Avenue northward by this point. 

Sec. 2. This grant is made subject to the same terms 
and conditions imposed upon the said Texarkana & Ft. 
Smith Railway company, and the said Gulf, Colorado & 
Santa Fe Railway company by the city council of the 
City of Beaumont, in ordinances granting each of said 
companies the right to lay their respective tracks and 
operate their respective railroads over, along, upon and 
across certain public streets, alleys, avenues, and high- 
ways within the corporate limits of the city of Beau- 
mont and also subject to the provisions of the charter 
regulating the construction, maintenance and operation 
of railroad tracks within the corporate limits of the said 
city. 

Sec. 3. The rights herein granted to the Texarkana 
& Ft. Smith Railway company and the Gulf, Colorado 
and Santa Fe Railway company, their successors and as- 
signs, are granted for a period of thirty (30) years from 
the date of the passage of this ordinance. 

Sec. 4. The grantees herein agree and bind them- 
selves to do and perform the following in addition to 
what has been herein provided, to-wit: 


402 


CHARTER AND ORDINANCES. 


(a) To restore said above mentioned streets to such 
condition as they may he directed to do so by the Street 
and Bridge committee and the city engineer, of the City 
of Beaumont. 

(b) To construct, build and maintain such drains 
across said streets and under said railroad tracks from 
time to time as may be required by the city engineer of 
said city. 

(c) Upon being notified by the mayor of the City 
of Beaumont to conform the tracks to the street level, 
to repair the tracks, or to repair that part of the street 
upon which the said track is laid, to immediately com- 
ply with said notice, and failing to begin work bona fide 
within ten (10) days after the receipt of such notice by 
the Mayor as aforesaid, the privileges herein granted 
shall be forfeited, and the city of Beaumont shall have 
the right to remove, or cause to be removed, the said 
track without any action in any court, and without lia- 
bility for such action on the part of the city. 

Sec. 5. Provided that no switch blocks shall be 
placed in front of the gate of the abutting property 
owner. 

Sec. 6. The provisions of this ordinance shall take 
effect and be in force, subject to the conditions thereof, 
from and after its final passage and approval by the 
Mayor. Approved this 21st day of March, A. D. 1908. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Texarkana & Ft. Smith Railway 
Company, its successors and assigns is hereby granted 
the right and privileges to lay, maintain and operate a 
certain standard gauge railroad track, to spring from 
the main line of the Texarkana & Ft. Smith Railway 
company’s track in Washington Street in Beaumont, 
Texas, at a point far enough east of the east line of Mar- 
ket Street to enter the southeast corner of Market Square, 
so as to clear the sidewalk on the south line of said Mar- 


CITY 0 FBEAUMONT 


403 


ket Square; thence westerly parallel with the south line 
of said Market Square in Block 4 and across Main street 
in the city of Beaumont, as indicated by a solid red line 
on map hereto attached, and marked Exhibit “B” and 
made a part hereof. 

Sec. 2. Said track shall be placed at a grade with the 
streets' upon which it is constructed and shall be con- 
structed and maintained in such a manner as not to in- 
terere with the free use of said streets by the public. 

Sec. 3. The space between the rails of said track 
and for a distance of eighteen (18) inches on either 
side of said track shall be filled with gravel, cinders, 
sand, or planks as they may be required by the city en- 
gineer of Beaumont so as to bring said tracks with a 
level of said streets. 

Sec. 4. Should the city council of the city of Beau- 
mont at any time in the future order that the said street 
and Market Square shall be paved, then in that event 
the said Texarkana and Ft. Smith Railway company 
shall pay the cost of grading, paving and repairing the 
portion of said Market square and streets so occupied 
by said track and the portion of Market Square and the 
streets so occupied by said tracks shall be deemed to 
mean that portion of the same beyond the rails of the 
track so laid and extending eighteen (18) inches be- 
yond the outer edge of the ties of said track; and shall 
do and perform all things required by the charter and 
ordinances of the city of Beaumont. 

Sec. 5. The said Texarkana and Ft. Smith Railway 
company shall hereafter hold the city of Beau- 
mont harmless in any suits or claims of any nature grow- 
ing out of the construction and maintenance or operation 
of said switch track. 

Sec. 6. All ordinances or parts of ordinances in 
conflict herewith are hereby repealed. 

Sec. 7. This ordinance shall take effect and be in 
full force from and after its passage by the city council, 


404 


CHARTER AND ORDINANCES. 


and acceptance of the said railway company. Approved 
Aug. 5th, 1909. 

Beaumont, Texas, Feb. 18, 1896. 

Whereas, the city council of the City of Beaumont 
did, on the 29th day of January, A. D., 1896, pass an or- 
dinance granting the Texarkana & Fort Smith Railway 
Company the right of way over and along and through 
Railway Avenue, with certain restrictions, duties and 
obligations on the part of said Railway company, and 
requiring in said ordinance a written acceptance thereof 
by said Railway company, now therefore said Railway 
company does hereby accept said right of way under and 
by the terms, provisions and conditions of said ordi- 
nance ; and 

Whereas, said city, by an ordinance passed by its 
council, did on the 18th day of February, 1896, grant the 
right of way, to said company over, along and down 
Washington street in said city, and also the right to 
cross Milam, College and Holmes Streets near their in- 
tersection with Railroad Avenue, with certain restric- 
tions, duties and obligations in said ordinance specified, 
and also requiring a written acceptance thereof by said 
Railway company. 

Now, therefore, the said railway company does here- 
by accept the right of way under said ordinance with 
all its terms and provisions. 

Texarkana & Ft. Smith Ry. Co., 

By F. S. Hammond. 

Now comes the Texarkana & Fort Smith Railway 
Company and formally accepts the ordinance entitled 
“An ordinance granting to the Texarkana & Ft. Smith 
Railway company the right and privilege to lay, maintain 
and operate a switch track or sidetrack on, along and 
across Washington Street in Block 4, and across Main 
street in the city of Beaumont, the course or location of 
said track being more fully described in context of the 
ordinance herein following: “duly adopted and passed 
by the city council of Beaumont on the 4th day of Aug- 
ust, 1909, and approved by the Mayor of said city on 


CITY OF BEAUMONT 


405 


the fifth day of August, 1909, and said Texarkana and Ft. 
Smith Railway company hereby accepts and agrees to 
be bound by the terms of said ordinance. 

Texarkana & Ft. Smith Railway Co. 
Attest: R. J. McCarthy, By J. A. Edson, 

Asst. Secy. Its President. 


406 CHARTER AND ORDINANCES. 

CHAPTER VII. 

BEAUMONT WHARF AND TERMINAL COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

That the Beaumont Wharf & Terminal Company, its 
successors and assigns for benefits and other good and 
valid considerations to our city, received and to be 
hereafter received from the said Beaumont Wharf & 
Terminal Company, through the construction, and oper- 
ation of its belt line railroad in and about our said city, 
as hereinafter set forth, shall be, and is hereby granted, 
given and made unto for the aforesaid considerations, 
the privilege, right and joint use of the following de- 
scribed streets, alleys and public property, named and 
unnamed, for the purpose of contracting there, through 
and thereupon, its aforesaid terminal railroad, to-wit: 

Beginning at the west line of Magnolia Avenue and 
on the center line of Long Avenue ; thence down the center 
of said Long Avenue eastward to Brake’s Bayou; thence 
down the unnamed street along the western line of the 
land shown on Rachford’s map of the City of Beaumont 
in the names of Long Manufacturing Company and the 
Reliance Lumber Company, southward to and across 
Magazine street, north of Block twenty-eight (28) on 
across the unnamed street east of block twenty-eight 
(28), across Elizabeth, the unnamed street east of frac- 
tional Block twenty- two (22), Mulberry Street, along 
Water Street from Mulberry Street down the river bank 
to the northwest line of the Texas Tram and Lumber 
company’s property; also the center of Austin Street 
for a distance of three blocks from Main Street south- 
westward to the southwest line of Sabine Street and 
streets and alleys in Van Wormer’s addition to the city 
of Beaumont, as follows: Across Milam Street near the 
south corner of Block No. 5, Holmes Avenue southwest 
of Block No. five (5), Washington Street, between blocks 
numbers one (1) and two (2), College Street, between 
blocks Nos. one (1) and eight (8), the alley in Block No. 


CITY OF BEAUMONT 


407 


; Wall Street, between blocks Nos. eight (8) and 

twelve (12), the alley in block twelve (12), Forsythe 
Street, between Blocks Nos. twelve (12) and thirteen 
(13), and along Railroad Avenue from Wall Street to 
west Bowie Street parallel with and thirteen (13) feet 
from the Texarkana & Ft. Smith Railway Company’s 
track, now built along the center of said Railroad Ave- 
nue. Also such parts of Main and Austin Streets as may 
be necessary to connect with the tracks of the Beaumont 
Lumber Company on a short curve and such parts of 
streets at the east end of Long Avenue as may be neces- 
sary to connect the tangents of the said terminal rail- 
road with a curve to reach the saw mill of the Reliance 
Lumber Company, and further, any street or alley, river 
front or public property over which the city lias a right 
to grant a franchise, whether same be mentioned in the 
above described field notes or not, which it may be nec- 
essary for the said Beaumont Wharf & Terminal Com- 
pany to use in the construction of its terminal railroad 
under the terms of its charter by the State. 

The said privilege, right and joint use, as afore- 
said, irrevocable for a period of fifty years, but subject 
to the following conditions, to-wit: 

First : The said Beaumont Wharf & Terminal Com- 
pany shall cause to be prepared a map, showing the ex- 
act alignment of its road in relation to all streets, alleys 
or other public property as soon as the said railroad shall 
have been completed, which map it shall place on file 
with the Mayor or City Secretary of the city of Beau- 
mont for a better description of the streets, alleys and 
other public property affected by this franchise. 

Second. A part of the consideration of this fran- 
chise is the assurance that the railroad of the said Beau- 
mont Wharf and Terminal Company south of the Texas 
and New Orleans Railroad will not be used for logging 
the mills of the Beaumont Lumber company or Texas 
Tram and Lumber company, except along and over the 
portion of its track along and parallel with the river as 
far south as the mill of the Beaumont Lumber Company, 


408 


CHARTER AND ORDINANCES. 


and therefore, the same shall become effective only when 
the said Beaumont Wharf & Terminal Company shall 
have filed with the Mayor or Secretary of the city, as 
assurance that no logging business will be done, as afore- 
said, good and sufficient contracts of guaranty thereof 
by the said Beaumont Lumber Company and Texas Tram 
and Lumber Company, which shall bind them not to ac- 
cept delivery of logs from the said Beaumont Wharf & 
Terminal Company on the south side of the Texas and 
New Orleans Railroad. 

Third : Said Beaumont Wharf & Terminal Company 
shall construct and maintain suitable ditches and cul- 
verts when necessary, under the advice of the city engi- 
neer for the purpose of properly draining the streets, al- 
leys or other public property, occupied by its railroad 
hereby, and shall construct and maintain good and suf- 
ficient wagon or road crossings at the crossings of all 
streets, and keep the same in such condition as to in- 
terfere as little as practicable with public traffic and 
travel thereon. 

Fourth: Said Beaumont Wharf & Terminal Com- 
pany shall construct and maintain its railroad so as to 
keep the same at grade or level with the streets, where- 
ever possible, so as to obstruct the use of the same by 
the public as little as possible, and shall also, within a 
reasonable time, not exceeding one year after construc- 
tion of the same, ballast said railroad with sand, cin- 
ders, shell or other suitable material between the rail- 
road to a distance of two feet on either side thereof, 
where the same occupies streets ; alleys or other public 
property, so that the same is given proper level with the 
streets, and easy approach to or over the same for ve- 
hicles, etc. 

Fifth. The said Beaumont Wharf & Terminal Com- 
pany through its proper officer or officers, shall within 
thirty (30) days file with the City Secretary its writ- 
ten acceptance of this franchise, and shall occupy the 
premises hereby granted with its said terminal railroad, 
according to the terms hereof, within twelve months 


CITY OF BEAUMONT 


409 


from the passage of the ordinance granting the same, 
otherwise the same shall immediately revert back to 
the City of Beaumont, and therefrom become null and 
void and of no further force or effect. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Whereas, Heretofore on the 29th day of March, A. D. 
1898, an ordinance was duly passed by the city council 
of the city of Beaumont and duly approved by the Mayor 
granting a right of way to the Beaumont Wharf & Ter- 
minal Company over certain streets, alleys and public 
property in the city of Beaumont, therein named, and, 

Whereas, Written acceptance of said ordinance and 
written obligations with respect to the hauling of log 
trains south of the Texas & New Orleans Railroad track 
have been filed as required by said ordinance of the 
Beaumont Wharf & Terminal Company, and, 

Whereas, Each and all of said conditions required 
by the aforesaid ordinance have been fully complied with 
by the Beaumont Wharf & Terminal Company to the 
satisfaction of the city council of the city of Beaumont. 
Therefore it is hereby ordained that the aforesaid ordi- 
nance granting the said right of way and franchise to 
said Beaumont Wharf & Terminal Company, is hereby 
declared to be in full force and effect. Approved April 
5th, 1898. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

That a certain ordinance enacted by the City Coun- 
cil of the City of Beaumont on the 28th day of March, A. 
D. 1898, and being Chapter LIV of the Revised Ordi- 
nances of 1899, and entitled “An ordinance granting 
Beaumont Wharf & Terminal Company right to run over 
certain streets’ ’ Be and the same is hereby amended, so 
as to read as follows: That the Beaumont Wharf & 
Terminal Company, its successors and assigns, for bene- 
fits and other good, valid considerations to our city, re- 


410 


CHARTER AND ORDINANCES. 


ceived and to be hereafter received from the said Beau- 
mont Wharf & Terminal Company through the construc- 
tion and operation df its belt line railroad in apd about 
our said city, as hereinafter set forth, shall be and is 
hereby granted, given and made unto for the aforesaid 
consideration, the privilege, right and joint use of the 
following described streets, alleys and public property, 
named and unnamed for the purpose of constructing 
their railroad line through and thereupon, to-wit: Be- 
ginning at the west line of Magnolia Avenue and on the 
center line of Long Avenue; thence down the center of 
Long Avenue eastward to Brake ’s Bayou; thence down 
the unnamed street along the west line of the land shown 
on Rachf ord ’s map of the city of Beaumont, in the names 
of Long’s Manufacturing Company and the Reliance 
Lumber Company, southward to and across Magazine 
street, north of Block twenty-eight (28)„ across the un- 
named street east of Block 28, across Elizabeth, the un- 
named street east of fractional block 22 twenty-two; 
Mulberry street along Water street from Mulberry 
street down the river bank to the northwest line of the 
Texas Tram and Lumber Company property; also the 
center of Austin street for a distance of four blocks from 
Main street southwestward to the end of said street and 
streets and alleys in Van Wormer’s addition to the city 
of Beaumont, as follows: Across Milam street near the 
south corner of Block No. Five (5), Holmes Avenue 
southwest of Block Five (5), Washington Street, be- 
tween Blocks Nos. One (1) and two (2), College Street, 
between blocks Nos. One (1) and eight (8); the alley in 

Block No. ; Wall Street, between Blocks Nos. Eight 

(8) and Twelve (12), the alley in Block Twelve (12), For- 
sythe Street, between blocks numbers twelve (12) and 
thirteen (13) and along Railroad Avenue from Wall 
street to West Bowie Street, parallel with and thirteen 
(13) feet from the Texarkana & Ft. Smith Railway Com- 
pany’s track now built along the center of said Rail- 
road Avenue; also such parts of Main and Austin streets 
as may be necessary to connect with the tracks of the 
Beaumont Lumber Company on a short curve and such 


CITY OF BEAUMONT 


411 


parts of streets at the east end of Long’s Avenue as may 
be necessary to connect the tangents of the said terminal 
railroad with it to reach the saw mill of the Reliance 
Lumber Company and further any street or alley; river 
front or public property over which the ctiy lias a right 
to grant a franchise, whether same be mentioned in the 
above described field notes or not which it may be nec- 
essary for the said Beaumont Wharf & Terminal Com- 
pany, to use in the construction of its Terminal railroad, 
under the terms of its charter by the State. The said 
privilege, right and joint use, as aforesaid, irrevocable 
for a period of fifty years, but subject to the following 
conditions, to-wit: 

First. The said Beaumont Wharf and Terminal 
Company shall cause to be prepared a map, showing the 
exact alignment of its road in relation to all street, al- 
leys and other public property as soon as the said road 
shall have been completed, which it shall place on 
file with the Mayor or city secretary of the city of 
Beaumont for a better description of the streets, alleys 
and other public property affected by this franchise. 

Second. Said Beaumont Wharf & Terminal Com- 
pany shall construct and maintain suitable ditches and 
culverts where necessary under the advice of the city en- 
gineer for the purpose of properly draining the streets, 
alleys or other public property, occupied by its railroad 
hereby, and shall construct and maintain good and suf- 
ficient wagon road crossings at the crossings of all 
streets and keep the same in such condition as to in- 
terfere as little as practicable with the public traffic and 
travel thereon. 

Third. Said Beaumont Wharf & Terminal Company 
shall construct and maintain its railroad so as to keep 
the same at grade or level with the streets whenever pos- 
sible, so as to obstruct the use of same by the public as 
little as possible, and shall also, within a reasonable 
time, not exceeding one year after the construction of the 
same, ballast said railroad with sand, cinders, shell or 
other suitable material between the railroad to a distance 


412 


CHARTER AND ORDINANCES. 


of two feet on either side thereof, where the same occu- 
pies streets, alleys or other public property, so that the 
same is given proper level with the streets and easy 
approaches to, or over the same for vehicles, etc. 

Fourth. The said Beaumont Wharf & Terminal 
Company, through its proper officer or officers, shall 
within 60 days, file with the city secretary, its written 
acceptance of this franchise, and shall occupy the prem- 
ises hereby granted with its said terminal railroad ac- 
cording to the terms hereof, within three (3) years from 
the 29th day of March, A. D. 1898, otherwise the same 
shall immediately revert back to the city of Beaumont, 
and therefrom shall become null and void, and of no fur- 
ther force or effect. 

Fifth. And it is further hereby ordained that ail 
occupancy of the streets, alleys and public property 
hereinbefore described by the Beaumont Wharf & Ter- 
minal Company in the use and construction of their said 
belt line of railway since the said 29th day of March, A. 
D. 1898, under the said ordinance and franchise of which 
this ordinance is intended to be an amendment, are here- 
by ratified and legalized, in so far as the city council tff 
the city of Beaumont are empowered to do so; and it is 
further ordained that all laws, city ordinances or parts 
of laws and city ordinances relative to this franchise 
and in conflict with this ordinance be and the same are 
hereby repealed as are more particularly Sections Sec- 
ond and Fifth of that certain ordinance of which this is 
an amendment wherein and whereby the Beaumout 
Wharf and Terminal Company were prohibited from 
hauling logs along and upon its tracks south of the Texas 
and New Orleans Railway line, to be used by the Beau- 
mont Lumber Company and the Texas Tram and Lumber 
Company, in the manufacture of lumber, as are also 
that portion of section five requiring said Beaumont 
Wharf & Terminal Company to occupy the premises 
therein granted within twelve months from the passage 
thereof. 

Sixth. It is further ordained that the said Beau- 
mont Wharf and Terminal Company, shall and hereby 


CITY OF BEAUMONT 


413 


have the right to deliver saw logs over their said line 
of railway to the saw mill to the said Beaumont Lumoer 
Company and said Texas Tram and Lumber Company. 

Seventh. It is further ordained that the contracts 
of guarantee made by the Beaumont Lumber Company 
and Texas Tram and Lumber Company bind them.^eUes 
not to accept delivery of logs from the said 'Bea »•» «»nt 
Wharf and Terminal Company on the south side of the 
Texas and New Orleans R. R. tracks, as appears in Chap- 
ter LVI, of the Revised Ordinances of 1899, be and the 
same is hereby cancelled, repealed and the said lumber 
companies are hereby released from the operation of such 
guarantee. Approved June 7th, 1900. 

An Ordinance. Whereas on the 29th day of March, 
A. D. 1898, tbe city council of the City of Beaumont, 
Texas, by an ordinance duly passed, did grant to the 
Beaumont AVharf and Terminal Company, the right of 
way over certain streets and alleys in the City of Beau- 
mont, for railroad right of way such streets and alleys 
being clearly named therein; and in the said ordinance 
it was further provided that said Railway company 
should have the right to use any street or alley, river 
front or public property over which the city has a right 
to grant a franchise, and whereas, the said Beaumont 
Wharf and Terminal Company has long since constructed 
its road, track and switches over and along certain 
streets, alleys and grounds in this citv^ and whereas the 
said ordinance granting such rights was too broad in its 
terms in that it granted the right of way over any and 
all streets and public grounds in the City of Beaumont, 
and said franchise should be limited by naming only 
such streets, alleys and public grounds as are specifi- 
cally named in said ordinance and to such other streets 
and alleys as may have been appropriated by said 
Beaumont AVharf and Terminal Company, by the laying 
and constructing of its tracks and switches, therefore; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That an ordinance passed by the city coun- 


414 


CHARTER AND ORDINANCES. 


cil of the city of Beaumont, Texas, on the 29th day of 
March, 1898, entitled 4 4 An ordinance granting Beau- 
mont Wharf and Terminal Company right to run over 
certain streets” be and the same is hereby amended by 
striking out after the words “saw mill of the Reliance 
Lumber Company” all of the following words “and fur- 
ther, any street or alley, river front or public property 
over which the city has a right to grant a franchise, 
whether same be mentioned in the above field notes or 
not which it may be necessary for the said Beaumont 
Wharf and Terminal Company to use in the construction 
of its terminal railroad under the terms of its charter 
from the State. ’ ’ 

Sec. 2. That said franchise ordinance shall hereafter 
read and shall be construed so as to limit the terms 
hereof and the grant of an easement or right to the 
streets and alleys of this city, to such streets, alleys and 
public grounds as may be specifically named and de- 
scribed in said ordinance and to such other streets and 
grounds as may have been properly appropriated by 
said railroad company prior to this date and that may 
have been put to actual use by said railroad company 
under the terms of said franchises. 

Section 3. Whereas, it is of great public importance 
that the use of all public streets and alleys in this city 
should be clearly and specifically defined by ordinance, 
and that the franchise of the Beaumont Wharf and Ter- 
minal Company should be limited to the streets and al- 
leys described therein and to such other streets and al- 
leys, or public grounds as may have been heretofore 
properly appropriated by it under the terms of said fran- 
chise, therefore it is further ordained that the rule re- 
quiring ordinances to be read at three several meetings 
be and the same is hereby suspended and that this ordi- 
nance take effect from and after its passage and ap- 
proval by the Mayor. Approved this 23rd day of Jan- 
uary, A. D. 1906. 


CITY OF BEAUMONT 


415 


BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

►sec. 1. That the Beaumont Wharf and Terminal 
Company, in its own right and in the right of its succes- 
sors and assigns is hereby granted the right of way and 
the authority to construct, own, maintain, and operate 
its railway switch track over, along and upon and across 
Long Avenue, a public street in the city of Beaumont, 
springing from a point on the north side of the main line 
of said Beaumont Wharf and Terminal Company, in 
Long Avenue and about 220 feet west of the intersection 
of the west line of Pine Street and Long Avenue; thence 
in a northeasterly direction to a point on the north 
boundary line of said Long Avenue at or near the corner 
of a tract of land fronting Pine or Mill street and Long 
Avenue; deeded to William Wiess by Geo. W. Smith by 
a deed recorded in Volume 19, page 529 of the deed re- 
cords of Jefferson County, Texas, to have and to hold 
the same, unto the Beaumont Wharf and Terminal Com- 
pany the said right to construct and operate said switch 
track as shown by the map or plat attached to application 
of said Beaumont Wharf and Terminal Company. 

Sec. 2. The obligation is hereby imposed upon the 
said Beaumont Wharf and Terminal Company, as re- 
quired by the City Council from time to time, to surface 
said switch track laid on any part of Long Avenue to 
the grade level of the street, with sand, crushed rock, 
shell, or any other suitable material as the city council 
may direct and in the event that at any time the city of 
Beaumont may undertake to construct a public und r- 
ground sewer intersecting any part of said switch track, 
the Beaumont Wharf and Terminal Company shall be 
bound to pay for the cost of so much of said sewer as 
underlies said switch track, intersected by said sewer, 
and shall be liable and shall make and maintain eh 
ditches, drains or culverts as may be directed by the City 
Council of the City of Beaumont. 

Section 3. The said Beaumont Wharf and Terminal 
Company, its successors and assigns, shall take the rights 


416 


CHARTER AND ORDINANCES. 


and franchises herein granted, subject to the provisions 
of the charter of the city of Beaumont and subject to all 
ordinances of the city now in force, or which may be 
hereinafter adopted, regulating the construction of rail- 
road tracks and the operation of railroad engines and 
cars in the city. 

Sec. 4. The rights, authorities and privileges here- 
by granted to the Beaumont Wharf and Terminal Com- 
pany, its successors and assigns shall subsist and be 
vested in said company, its successors and assigns, for a 
period of thirty years from the date of its final passage 
by the council. 

Sec. 5. The said Beaumont Wharf and Terminal Com- 
pany, its successors or assigns, shall file with city Secre- 
tary, an instrument in writing accepting the terms of 
this franchise ordinance within thirty da}^s after its 
final passage, and shall construct, lay and complete said 
switch tfacks within sixty days after its written ac- 
ceptance is filed. Approved on this 5th day of May, 
1909. 

Whereas, the Beaumont Wharf and Terminal Com- 
pany has heretofore, for a good many years, had and 
maintained a railroad track down Austin Street to the 
river with a switch at what is known as the Hinz Rice 
Mill property and the old Beaumont Lumber Company 
property, and 

Whereas, the City of Beaumont has changed the 
grade of Austin Street where said tracks have heretofore 
been and also erected certain wharves along the river 
front, and, 

Whereas, the city is desirous of having said Beau- 
mont Wharf and Terminal Company to build and main- 
tain along said wharves its railroad track. 

Now, therefore, be it ordained by the City Council 
of the City of Beaumont: 

Sec. 1. That the Beaumont Wharf and Terminal 
Company be and the same is hereby granted the right 


CITY OF BEAUMONT 


417 


to build, operate and maintain its tracks along Austin 
Street and across the property belonging to the city, 
fronting on river south of Austin Street and onto the 
wharves erected by and belonging to the City at the foot 
of Pearl and Main Streets. Each of said tracks being 
more particularly described as follows, to-wit: 

First. Beginning at Station 37 x 41 of Austin Street 
track of the Beaumont Wharf and Terminal Company, 
which point is in the center of Austin Street and 6.4 
ft. northeast of the northeast line of Pearl Street; thence 
in a northeasterly direction along Austin Street and 
across Main Street 13 feet to the northwest of and par- 
allel to the center line of the Austin Street track to the 
northeast line of Main Street, thence continuing on a 
line 13 feet from and parallel to said Austin Street track 
across the wharf property of the City of Beaumont to 
a certain point in the connecting track of the City of 
Beaumont to a point in the connecting track of the 
Beaumont Lumber Company track opposite station 42 
x 81 of the Austin Street track. Total length of track 
540 feet. 

Second. From station 44 x 29.3 of the Austin Street 
track of the Beaumont Wharf and Terminal Company, 
said station being 34.3 northeasterly of the northeast 
end of the Beaumont city wharf, measure southwesterly 
along the center line of siding No. 2, said center line 
curving to the left with a radius of 764 feet, 99.8 feet, 
for a point of beginning, thence in a southwesterly di- 
rection across the wharf property of the City of Beau- 
mont on a line tangent to the last described line 113.3 
feet, thence on a line curving to the left with a radius 
of 764 feet, 103.2 to the northeast line of Main Street; 
thence continuing on said curved line 60 feet to the south- 
east line of Main Street, thence entering the wharf pro- 
perty of the City of Beaumont and continuing on said 
curved line 21 feet to a point 8.5 to the northeast 
of the Beaumont City Wharf, thence southwesterly 8.5 
from and parallel to said wharf 238.5 feet to a point 


418 


CHARTER AND ORDINANCES. 


opposite the southwest end of said city wharf as now 
constructed. Total length of track 636 feet. 

Third. Beginning at the southwesterly end of the 
curve in the Beaumont Wharf No. 1, thence in a north- 
easterly direction on a line curving to the right with 
a radius of 382 feet across the wharf property of the City 
of Beaumont, 21 feet, tQ the southwest line of Main 
Street, thence continuing on said line 60 feet to the north- 
east line of Main Street, thence entering the wharf pro- 
perty of the City of Beaumont and continuing on said 
curved line 61 feet, to a point 17 feet to the northwest 
of the Beaumont City Wharf, thence in a northeasterly 
direction 17 feet from and parallel to the said city wharf 
212 feet to a point opposite the northeast end of said city 
wharf as now constructed. Total length of track 354 
feet. 

Fourth. Beginning at station 35 x 93 of the Austin 
Street track of the Beaumont Wharf and Terminal Com- 
pany, which point is in the center of Austin Street and 
80 feet southwest of the southwest line of Pearl Street, 
thence in a northeasterly direction, 13 feet to the south- 
east of and parallel to the center line of the Austin 
Street track, to the southeast line of Austin Street at 
station 39 x 76, thence continuing 13 feet from and par- 
allel to the main track across the wharf property of the 
City of Beaumont to a point in the southwest line of 
Main Street, thence continuing parallel to the main line 
Main Street, 16 feet from the southwest line of Austin 
Street, thence continuing parallel to the main line 
across Main Street to a point in its northeast line 34 
feet from the southeast line of Austin Street, thence 
continuing parallel to Austin Street track across 
the wharf property of the City of Beaumont to station 
43 x 95 which is opposite the northeast end of the City 
Wharf as now constructed. Total length of track 802 
feet. 


Fifth. Beginning at station 43 x 52 of the Austin 
Street track of the Beaumont Wharf and Terminal Com- 
pany which point is 43 feet westerly from a point oppo- 


CITY OF BEAUMONT. 


419 


site the east end of the Beaumont City Wharf, thence 
in a westerly direction on a line curving to the right, 
with a radius of 382 feet across the wharf property of 
the City of Beaumont, 187 feet to a point in the south- 
east line of Austin Street, 80 feet northeast of the north- 
east line of Main Street, thence continuing on the last 
described course across Austin Street 78 feet to a point 
in the northwest line of Austin Street, 32 feet northeast 
of the northeast line of Main Street. 

Total length of track 265 feet. 

Sec. 2. The blue print hereto attached is and shall 
be regarded as a portion and part of this ordinance. 

Sec. 3. That this ordinance shall be in force and take 
effect from and after its passage. Approved Feb. 15th, 
1910. 

BE IT ENACTED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the right and privilege is hereby grant- 
ed to the Beaumont Wharf and Terminal Company to 
t)uild and maintain a spur track connecting the track 
of the said Beaumont Wharf and Terminal Company ab 
it now exists on Long Avenue with the track of the Glulf, 
Beaumont and Kansas City Railway Company at a point 
near Hazel Avenue; said spur track being more particu- 
larly shown by red line marked upon plat or blue print 
hereto attached and made a part hereof. 

Sec. 2. The right and privilege to cross any street 
spur track as same is shown on the blue print hereto 
attached is hereby given and granted unto the said Beau- 
mont Wharf and Terminal Company. 

Sec. 3. The above rights and privileges to said Beau- 
mont Wharf and Terminal Company upon the condition 
that said track be built within twelve (12) months from 
the date of the passage of this ordinance and that all 
points where said track crosses any street or alley of the 
City of Beaumont, the track shall be built and maintained 


420 


CHARTER AND ORDINANCES. 


at a grade level, and according to the terms and stip- 
ulations of the Charter of the City of Beaumont and the 
ordinances thereunder. Approved May 3rd, 1910. 

LETTER OF ACCEPTANCE. 

Beaumont, Texas, May 20th, 1909. 

TO THE HONORABLE MAYOR AND CITY COUNCIL 
OF BEAUMONT: 

Gentlemen : 

This is to advise you that the Beaumont Wharf and 
Terminal Company accepts the ordinance passed by your 
honorable body and approved by the Mayor on the 5th 
day of May, 1909, granting to this company a franchise 
over certain parts of Long Avenue about 220 feet west 
of the east line of Pine Street. 

Yours very truly, 

J. A. GLEN, Div. Supt. 
TEXAS TRAM AND LUMBER COMPANY. 


CITY OF BEAUMONT. 
CHAPTER VIII. 


421 


Proposition by the Texas Tram and Lumber Com- 
pany to extend water mains and establish hydrant. 

TO THE HONORABLE MAYOR AND CITY COUNCIL 
OF THE CITY OF BEAUMONT: 

Your petitioner, the Texas Tram and Lumber Com- 
pany, respectfully presents for your consideration the 
following proposition: 

That said company shall and will, at its own ex- 
pense, make extension of the city water works terminus 
of its eight inch pipe on Orleans Street as at present 
located; that said company will agree and hereby agrees 
to put in and lay down in a southeasterly direction along 
Orleans Street to the intersection of Orleans and Bowie 
Streets a six inch main, a city hydrant at such inter- 
section, thence continuing the six inch main pipe, a city 
hydrant at such intersection, thence continue the said 
six inch main along said Bowie Street to the west line 
of the city plat, also putting in a fire hydrant at the in- 
tersection of Bowie and Sabine Streets, the position of 
these hydrants to be fixed under the city’s direction; a 
four and six inch main to be then extended to and around 
the site of our planing mill, dry kiln, lumber yards and 
grounds west of the city plat, and such last extension 
to contain three fire hydrants, these properly distrib- 
uted. 

All of the above extensions of mains and hydrants 
that lie within the limits of the present city plat, to be 
the property of the city, without further compensation, 
but to remain in charge of the lessees of the city water 
works during the continuance of such lease. That all of 
the above fire hydrants and pipes upon which they are 
located to be owned and under the control of the city, 
subject to the lease of Messrs. Thomas and Gorman. 

In consideration of this, our proposition, we respect- 
fully ask the city to allow the five hydrants named 


422 


CHARTER AND ORDINANCES. 


to apply to the contract between Thomas and Gorman 
and the city, and thus reduce the number of hydrants 
yet tc be put in by Thomas and Gor man, or their as- 
signs, to thirteen under the clause in said Thomas and 
Gorman contract relative to sixty hydrants, and we 
will ever pray, etc. 

Yours respectfully, 

Texas Tram and Lumber Company, 

W. A. Fletcher, President. 

On motion of Alderman Goodhue, said petition, with 
the consent of the petitioners, was changed by inserting 
the following words: 

“The Texas Tram and Lumber Company insert in 
the petition that the five hydrants mentioned in said pe- 
tition be owned by the City of Beaumont and under the 
control of the City Council”, whereupon on motion of 
J. B. Goodhue, it was resolved by the Countil that said 
petition be granted, and that the extensions in said pe- 
tition mentioned be made without expense to said city, 
and that said extension, including five additional hy- 
drants, shall vest in and be the property of, and under 
the control of the city. Motion carried. (First book 
of Minutes, pages 298-299). 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Texas Tram and Lumber Company 
be, and is hereby granted the right of way over, across 
and upon the following named streets, for the purpose 
of building and constructing a standard guage switch 
for theii: own private use, and for the purpose of trans- 
porting their lumber and material from their mill and 
lumber yards on blocks 7 and 23 in the City of Beau- 
mont to the western terminus of Bowie Street, and for 
the purpose of ditching, draining, filling and putting 
in culverts and crossings thereon for the purpose of 
keeping said switch properly ballasted and said street 
properly drained for traffic and travel, upon and across 
the following streets, to-wit: 


CITY OF BEAUMONT. 


423 


1st. Said switch to begin on Hickory Street be- 
tween blocks 7 and 23, thence on to said block 32. 

2nd. Across Cypress Street between blocks 23 and 
19, passing from lots 589 and 590 of block 23, across Cy- 
press Street and into lots 622 and 623, of block 19. 

3rd. Across Travis Street between blocks 19 and 25, 
passing from, lot 618 of block 19, across said Travis Street 
and into lots 648 or 649 of block 25. 

4th. Across Main Street to or about the center of 
junction of Main and Bowie Streets, and the west side of 
Main Street. 

5th. Thence through the center of Bowie Street 
westward to the terminus of Bowie Street, on the west 
line of the town of Beaumont. 

Sec. 2. Said right of way and the privilege above 
granted to exist so long as the Texas Tram and Lumber 
Company, its successors and assigns operate and run said 
mill and said switch ; said Texas Tram and Lumber Com- 
pany to keep said switch in good condition for traffic and 
travel thereon. 


BOWIE STREET. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

That for and in consideration that the Texas Tram 
and Lumber Company shall and will ditch, drain and 
where necessary, fill in and put in culverts and crossings 
in and upon Hickory, Cypress, Travis and Main Streets, 
where the railway switch now constructed shall cross the 
same, to ditch, drain and put in culverts in and upon 
Bowie Street, from the intersection of Main Street to 
the extreme western edge of what is now known as the 
Texas Tram Planer Yards, owned by said Texas Tram 
and Lumber Company, and in further consideration that 
said switch or track shall be constructed and maintained 
so that it will not be above grade level of said street, and 
so that it will not hinder and impede travel and traffic 


424 


CHARTER AND ORDINANCES. 


thereon. It is ordained by the City Council of the City 
of Beaumont; that the said Texas Tram and Lumber 
Company shall have and is hereby granted and conveyed 
to it, the said Texas Tram and Lumber Company, the 
right of way on Hickory Street between blocks seven 
and Twenty-three, and across Cypress Street between 
blocks 23 and 19 and across Travis Street between blocks 
19 and 25 and across Main Street from block 25 to the 
center of the junction of Bowie Street with Main Street, 
at and on the west boundary of Main Street ; thence down 
the center of Bowie Street, westward to the extreme wes- 
tern edge of said property of the Texas Tram and Lum- 
ber Company and what is known as the planer; said right 
of way being for the purpose of owning, constructing and 
maintaining a standard railroad switch from Hickory 
Street between block 7 and 23 over and across streets 
named, to the lumber yards, and planer of the said Texas 
Tram and Lumber Company, that they now own, and for 
the further purpose of granting and giving the right to 
use said track for the purpose of transporting lumber, 
logs and other material of the said Texas Tram and 
Lumber Company to and from their said mill on blocks 
seven and 23, and it is further ordained and granted 
by the City of Beaumont ; that the said Texas Tram and 
Lumber Company shall also have the right to transport 
over said track, all logs used by the Beaumont Lumber 
Company in the manufacture of lumber. 

The said right of way herein granted and the priv- 
ileges herein conferred shall continue and remain in said 
Texas Tram and Lumber Company, their successors and 
assigns, so long as the same are used for the purpose 
aforesaid and the conditions herein named are complied 
with. 

It is further ordained by the City Council of the 
City of Beaumont that this ordinance be and it is not 
in anywise to repeal any ordinance passed on the 20th day 
of February, 1888, wherein the said Texas Tram and 
Lumber Company was granted the right of way down 
said street for the purpose in said ordinance set forth, 
but that the same be and is hereby a ratification and 


CITY OF BEAUMONT. 


425 


confirmation of the said ordinance of February 20th, 
1888. 

CITY OF BEAUMONT, 

THE STATE OF TEXAS, 

County of Jefferson. 

BE IT KNOWN BY THIS INSTRUMENT, that the 
Texas Tram and Lumber Company, a private corporation 
duly organized and chartered under the laws of the 
State of Texas, and having its principal office in the 
City of Beaumont, said State and County, acting herein 
by and through its president, W. A. Fletcher, and the 
Beaumont Lumber Company, also a private corporation 
likewise duly organized and chartered under the laws 
of said State of Texas, having its principal office in the 
City of Beaumont, said State and County, and acting 
herein by and through its vice-president, Geo. W. Car- 
roll, and each under the authority of our respective board 
of directors, for and in considerations, to us received 
and to be hereafter recieved by us, through the construc- 
tion of the terminal railroad of the Beaumont Wharf and 
Terminal Company, under the terms of that' certain fran 
chise granted by the City of Beaumont, giving it the right 
•to occupy certain streets, alleys and other city property 
with its said terminal railroad, and whereas, the same 
was granted on the condition that the said railroad shall 
not be used for the purpose of delivering to our respective 
saw mills logs from our tram roads north of Beaumont 
on the south side of the Texas and New Orleans Railroad, 
except it be over or upon that portion of the same along 
or parallel with the west bank of Brake’s Bayou and 
Neches River, as shown on Rachford’s map of the City 
of Beaumont, and it being obligatory upon the said Beau- 
mont Wharf and Terminal Company, further, by the 
terms of the aforesaid franchise, to file with the City Sec- 
retary good and sufficient contracts of guaranty by us, 
binding us not to accept delivery of logs on the south 
side of said Texas and New Orleans railroad from said 
Beaumont Wharf and Terminal Company for our saw 


426 


CHARTER AND ORDINANCES. 


mills, except in the manner aforesaid and as provided 
under the terms of the said franchise. 

We, the Texas Tram and Lumber Company and 
Beaumont Lumber Company, now therefore, hereby 
promise and agree, and by these presents do promise and 
agree, for the consideration aforesaid, that we will not 
accept any logs for delivery to our said saw mills by the 
said Beaumont Wharf and Terminal Company when 
such delivery be not strictly in accordance with the con- 
ditions of the aforesaid franchise, subject to forfeiture 
in said City of Beaumont, in the sum of five ($5.00/ dol- 
lars, for each and every car as damages, resulting to the 
said City of Beaumont through our failure so to Keep 
this pledge thereto, and in the event of such failure on our 
part to well and truly carry out in good faith this, our 
bond therefor, we hereby promise to pay on demand to 
the City Treasurer of the City of Beaumont said sum of 
five ($5.00) dolars per car for each and every car re- 
ceived by us from said Beaumont Wharf and Ter- 
minal Company, if the same shall not have been handled 
strictly in accordance with the franchise as Aforesaid. 

In testimony whereof, we have hereunto subscribed 
our names this, the 4th day of April, A. D. 1898. 

Texas Tram and Lumber Company, 
By W. A. Fletcher, President. 

Beaumont Lumber Company, 
By G. W. Carroll, Vice-Pres. 


CITY OF BEAUMONT. 
CHAPTER IX. 


427 


NECHES LUMBER COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Neches Lumber Company, its suc- 
cessors and assigns, is hereby authorized and empowered 
to construct, maintain and operate a railroad switch 
over, upon and across the following named streets and 
alleys in the City of Beaumont, Jefferson County, Texas, 
to-wit : 

On Pine Street from a point where Pine Street is 
intersected by Miller Street, thence on Pine Street to 
Jim Holland’s place on said street; thence through the 
si ley way leading to the mill of the Neelies Lumber Com- 
pany 

Sec. 2. That said Neches Lumber Company, its suc- 
cessors or assigns, takes the rights and franchises herein 
granted subject to the provisions of the Charter of the 
City of Beaumont, and any amendments which may here- 
after be made thereto, and subject to the ordinances of 
the said city now in force or which may hereafter be 
passed. 

Sec. 3. The right herein granted to the Neches Lum- 
ber Company, its successors and assigns, is granted for 
a period of twenty-five (25) years from the date hereof. 

Sec. 4. The grantee herein agrees and binds itself 
to do and perform the following in addition to what has 
been herein provided, to-wit: 

(a) To restore Pine Street to such condition as may 
be directed by the Street and Bridge Committee and 
City Engineer. 

(b) To construct, build and maintain such drains 
across said Pine Street and under said railroad tracks 
from time to time as may be required by the City En- 
gineer. 

(c) Upon being notified by the Mayor of the City 
of Beaumont, to conform the tracks to the street level, to 


428 


CHARTER AND ORDINANCES. 


repair the track or to repair that part of the street upon 
which the said track is laid, to immediately comply with 
said notice, and failing to begin work bona fide within 
ten days after the receipt of such notice by the Mayor as 
aforesaid, the privileges herein granted shall be forfeited 
and the City of Beaumont shall have the right to remove 
or cause to be removed the said track without any ac- 
tion of any court, and without liability for such action 
on the part of the city. 

This ordinance shall be in full force and effect from 
and after the city having received written notice of the 
acceptance of same from the grantee herein mentioned, 
passage of same by the City Council and approval of the 
Mayor. Oct. 15th, 1907. 

THE STATE OF TEXAS, 

County of Jefferson. 

Whereas, the City Council of the City of Beaumont, 
in the County of Jefferson, and State of Texas, has here- 
tofore, to-wit: on the 15th day of October, A. D. 1907, 
passed, ordained and enacted a certain ordinance, the 
same being entitled: 

‘‘AN ORDINANCE.’’ 

Whereby the City Council of the City of Beaumont, 
grants to the Neelies Lumber Company, its successors 
and assigns, the right of way over certain streets and al- 
leys in the City of Beaumont for the construction and 
maintenance and operation of a railroad switch in the 
corporate limits of the City of Beaumont, and imposes 
certain conditions in respect therto: 

Now, therefore, in consideration of the premises and 
of the terms and stipulations of said ordinance, the said 
Neches Lumber Company, its successors and assigns, do 
hereby accept the benefits of the aforesaid franchise up- 
on and subject to the terms thereof. 

In testimony whereof witness the signature of the 


CITY OF BEAUMONT. 


429 


Neches Lumber Company by its president, attested by 
its secretary with the corporate seal attached, this the 
2nd day of December, A. D. 1907. 

SAM J. POWELL, 

President. 

ATTEST: 

W. C. Gray, 

Secretary. 


430 CHARTER AND. ORDINANCES. 

CHAPTER X. 

BEAUMONT ICE, LIGHT AND REFRIGERATING ' 
COMPANY. 

ORDINANCE. 

An ordinance granting right to the Beanmont Ice, 
Light and Refrigerating Company to supply, erect and 
construct electric lights and poles and wires thereof in, 
upon and across the streets of the City of Beaumont. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

That the Beaumont Ice, Light and Refrigerating 
Company be and the same is hereby granted the rights, 
privileges and franchises following, to-wit: To supply 
lights by means of electricity to the public and to private 
citizens of said city as may be contracted for by them 
from time to time, and for such franchise to construct 
and erect such lamp posts or poles, lamps or lights there- 
on, and electric wires to connect the same with its fac- 
tory, and any other proper appliances as shall be necessary 
thereon and in, upon, along or across any road, streets 
or alleys of said city, in any locality thereof inside the 
corporate limits, for and during the period of its char- 
ter from the State of Texas, provided, however, that all 
poles or lamp posts erected or planted in or on any of 
the streets or public ways of said city shall be placed 
with the outer edge of the post ever with the outside of 
the sidewalk thereof, if any; if not there at the edge of 
said public way, the poles or posts now located to remain 
as they are forever, except on Crockett Street, which 
shall be located as above; provided further, that those 
on any public grounds of the city shall be located subject 
to the approval of the Mayor, and those on private prem- 
ises subject to the consent of the owners, and provided 
further, that the right hereby granted shall not be deem- 
ed to be exclusive, and shall be and remain subject to 
such special or general rules and regulations as are pro- 
per and within the power and jurisdiction of the City 
Council. Passed October 7th, 1890. 


CITY OF BEAUMONT. 


431 


BEAUMONT ICE, LIGHT AND REFRIGERATING 
COMPANY. 

SOUTH END OF CITY. 

An ordinance granting to the Beaumont Ice, Light 
and Refrigerating Company, its successors and assigns, 
the right, to construct a switch leading from the track 
of the Beaumont Wharf and Terminal Company on Aus- 
tin Street between Neches Street and the conjunction 
of Sabine and Park Streets to the plant of the Beaumont 
Ice, Light and Refrigerating Company situated on block 
69 in the City of Beaumont. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there be and is hereby granted to the 
Beaumont Ice, Light and Refrigerating Company, its 
successors and assigns, the right and privilege of con- 
structing, owning and operating and maintaining a rail- 
road switch leading from the railroad track of the Beau- 
mont Wharf and Terminal Company at a point on Aus- 
tin Street between Neches Street and the conjunction of 
Sabine and Park Streets, that the said Beaumont Ice, 
Light and Refrigerating Company, its successors and 
assigns, may elect and running thence over, along and 
across said Austin Street onto block No. Sixty-nine (69) 
in the City of Beaumont and thence in an easterly direc- 
tion over, along and across lands owned by the Beau- 
mont Ice, Light and Refrigerating Company, to its plant 
situated on said block No. Sixty-nine (69) in the City of 
Beaumont. 

Sec. 2. That the switch track or spur so to be built 
and constructed as above mentioned shall be built on the 
grade of Austin Street as now established and shall be 
permanently maintained at such grade and where same 
crosses ditches along said street, there shall be placed 
and maintained all necessary culverts so as nQt to inter- 
fere with the flow of water along such street. 

Sec. 3. Said switch track or spur so to be con- 


432 


CHARTER AND ORDINANCES. 


structed shall be filled in between the tracks and ties to 
a sufficient distance either side of track, with either 
gravel, cinders, sand or plank as- required by the City 
Engineer and shall be so maintained that travel in wa- 
gons, buggies and vehicles of all kinds, shall not be in- 
terfered with, but will permit free travel along Austin 
Street for the full width of said Austin Street. 

Sec. 4. Should the City Council of the City of Beau- 
mont, at any future time, order that said Austin Street 
shall be paved, then in that event, the said Beaumont 
Ice, Light and Refrigerating Company shall pay the 
cost of grading, paving , repairing or repaving the portion 
of said Austin Street used or occupied by the said switch, 
the portion of the street occupied by the switch shall 
be deemed to mean all that portion of the same between 
the rails of the tracks laid and extending eighteen inches 
beyond the outer edge of the ties of the said switch. 

Sec. 5. This ordinance shall be in force from and 
after its passage. 

APPROVED: 

T. H. LANGHAM, 

Mayor. 

May 8th, 1902, 

ATTEST: 

W. A. Ives, 

City Secretary. 

An ordinance granting the Beaumont Ice, Light and 
Refrigerating Company, the right to sell its plant, fran- 
chises, etc. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OP BEAUMONT: 

Sec. 1. That the Beaumont Ice, Light and Refrig- 
erating Company, a corporation existing under and by 
virtue of the Laws of the State of Texas, and with fran- 
chises and easements from the City of Beaumont be and 
the same is hereby fully authorized and empowered to sell, 
alienate, transfer and convey all and singular the lease- 
hold right and the franchise easements, rights, powers 
and privileges heretofore at any time given and granted 


CITY OF BEAUMONT. 


433 


to it by the City of Beaumont, or any part of the same to 
whomsoever and upon such terms and conditions as it 
may deem proper. 

Sec. 2. This ordinance shall be in force and take 
effect from and after its passage. 

Approved this, the third day of March, A. D. 1903. 

THOS. H. LANGrHAM, 

Mayor. 

An ordinance confirming unto the Beaumont Ice, 
Light and Refrigerating Company, the right to generate 
and transfer to its patrons, electrical power and heat. 

Whereas, the ordinances of the City of Beaumont 
contain an ordinance granting the Beaumont Ice, Light 
and Refrigerating Company the right, among other 
things, to erect and operate electrical works for the pur- 
pose of generating electrical works for electric lights 
and motors and other electrical machinery, as contained 
in Chapter XXXVII of the Charter and Ordinances of 
the City of Beaumont, published December, 1899, and, 

Whereas, the original of said ordinance has been lost 
or cannot be found, and, 

Whereas, the. validity of said ordinance, as codified 
has been questioned; therefore in order to set at rest 
the question as to the right of the Beaumont Ice, Light 
and Refrigerating Company to exercise the powers and 
privileges contained in said Chapter XXXVII of the 
ordinances of the City of Beaumont; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the Beaumont Ice, Light and Refriger- 
ating Company, its successors and assigns, are hereby 
granted the right to erect electrical works, lay out, lo- 
cate, construct, furnish, maintain and enjoy a line or 
lines of wire with all poles, bowers, lamps, apparatus 
and appliances necessary and needful for the purpose 
of furnishing electric lights and power, energy and heat 
through and over any of the streets, alleys and bridges 


434 


CHARTER AND ORDINANCES. 


in the City of Beaumont, provided, however, that said 
lines of wire and said poles and apparatus shall be so 
erected, constructed and maintained as not to interfere 
with or impede travel or damage the property or in any 
way interfere with the rights of other people or the pub- 
lic in general within the said City of Beaumont, 

Sec. 2. The said Beaumont Ice, Light and Refrig- 
erating Company, its successors and assigns are hereby 
given and granted the privilege, franchise and right to 
erect and operate such plant or plants and operate and 
maintain such electrical works including poles and lines 
of wire as it or they may deem necessary for the purpose 
of generating electricity for electric lights and for sup- 
plying electric motors and furnishing power and heat 
for electrical machinery contrivances and appliances of 
every kind and character. 

Sec. 3. This ordinance shall in no wise be con- 
strued as limiting or restricting the powers and privi- 
leges heretofore at any time granted or conferred ui on 
the said Beaumont Ice, Light and Refrigerating Com- 
pany, its successors and assigns. 

Sec. 4. This ordinance shall be in full force and ef- 
fect from and after its passage. July. 7th, 1903. 
ATTEST: 

W. A. Ives, 

City Secretary, 

By J. G. Sutton, 

Deputy. 


CITY OF BEAUMONT. 


435 


BEAUMONT TRACTION COMPANY. 

AN ORDINANCE. 

An ordinance granting to the Beaumont Traction 
Company, its lessees, successors, or assigns, for the term 
of forty-two years, consent, permission and authority 
to construct, reconstruct, maintain and operate over cer- 
tain streets within the corporate limits of the City of 
Beaumont, Texas, a street railway system with the tracks, 
electric wires, cars and other parts and appurtenances 
thereof, defining the motive power by which the cars 
thereof shall be operated, and prescribing the conditions 
and requirements under which said street railway shall 
be constructed, reconstructed, maintained and operated 
and providing penalties; and providing for the repeal- 
ing and terminating of all franchise rights and privileges 
held or claimed by said Beaujnont Traction Company in 
and to the streets, avenues and highways of said city 
(except as granted by this ordinance), and providing 
for the surrender of the same to the city. 

Whereas, the Beaumont Traction Company, a cor- 
poration organized and existing under the laws of the 
State of Texas, is operating various lines of street rail- 
way over the streets of the City of Beaumont, and is now 
the owner of the said street railway system, said sys- 
tem being operated under the following franchises and 
permits granted by the City of Beaumont: 

(1) A franchise granted by the City of Beau- 
mont to John H. Kirby and others on the 14th day of 
November, A. D. 1900. 

(2) A franchise granted to W. L. Thompson, H. K. 
Johnson and others on October 7th, 1902. 

(3) A franchise granted to the Beaumont Traction 
Company for what is known as the Royal Street Line on 
April 17th, 1906. 

(4) Various permits granted by the City Council 
of the City of Beaumont ; and, 


436 


CHARTER AND ORDINANCES. 


Whereas, under the authority of and pursuant to 
a resolution adopted by the City Council of the City *of 
Beaumont on the 13th day of July, 1909, the City At- 
torney of the City of Beaumont has instituted in the name 
of and on behalf of the City of Beaumont, in the Dis- 
trict Court of Jefferson County, Texas, two certain ac- 
tions against the said Beaumont Traction Company, one 
of said actions being for the annullment of said fran- 
chise, and the other for the recovery of damages alleged 
to have been sustained by the City of Beaumont as a re- 
sult of the alleged violation by said Beaumont Traction 
Company of said franchises in relation to the keeping in 
repair of its tracks on Pearl Street in the said City of 
Beaumont, the said actions being respectively entitled 
and numbered on the docket of the said Court ‘ ‘ The City 
of Beaumont versus Beaumont Traction Company, No. 
761V , and “The City of Beaumont versus Beaumont 
Traction Company, No. 7612,” and, 

Whereas, there is now pending in the Circuit Court 
of the United States for the Eastern District of Texas, 
at Beaumont, that certain suit in equity Numbered 157 
on the docket of said court entitled “Interstate Trust 
and Banking Company versus Beaumont Traction Com- 
pany,” in which suit J. F. Weed is receiver of said Beau- 
mont Traction Company; and, 

Whereas, the said City of Beaumont is willing, by 
way of compromise and settlement of its differences with 
said Beaumont Traction Company, to dismiss said suits 
instituted by said City of Beaumont in the District Court 
of Jefferson County, Texas, upon condition that said 
suit in equity in the United States Circuit Court is dis- 
posed of as hereinafter provided, and upon condition 
that the rights and privileges of said Beaumont Traction 
Company granted under the franchises and permits here- 
inbefore referred to, are surrendered and cancelled, and 
upon condition that the rights, privileges and franchises 
conferred and obligations and duties imposed by this 
ordinance are accepted in lieu and substitution thereof; 
and upon the other terms and conditions hereinbefore 
set forth; now therefore 


CITY OF BEAUMONT. 


437 


BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

SECTION I. 

REPEALING AND SUBSTITUTING. 

That upon the acceptance of this ordinance in the 
manner and form hereinafter designated, the rights and 
privileges of said Beaumont Traction Company, and of 
all other persons, natural and corporate, claiming any in- 
terest in the same, under the franchises and permits here- 
inbefore referred to shall be and they are herby cancelled 
and annulled, and all of the aforesaid franchises and 
permits shall be and stand repealed, and in lieu and sub- 
stitution thereof the rights, privileges, franchises and 
permits hereinafter set forth and provided are hereby 
granted said Beaumont Traction Company, hereinafter 
called the grantee, for a period of forty-two years from 
the 7th day of October, A. D. 1910, subject to the terms, 
conditions, provisions and restrictions hereinafter men- 
tioned; provided it is distinctly understood that by the 
foregoing repeal of said franchises and permits as above 
set forth, it is not intended to invalidate the bonds of the 
grantee heretofore issued and now outstanding but to 
substitute the franchise hereby granted as the basis and 
security for said bonds in lieu of said franchises and 
permits hereinabove repealed. 

SECTION II. 

GRANT AND DURATION. 

That the City of Beaumont does hereby grant to the 
said grantee, its successors and assigns, the right of way 
for and the right, privileges and franchise to construct, 
maintain, use and operate, a system of electric street rail- 
way, with the necessary switches, turnouts and turnta- 
bles, in the City of Beaumont, upon the streets thereof 
hereinafter designated and provided to be designated, 
for the purpose of transporting passengers. 


438 


CHARTER AND ORDINANCES. 
SECTION III. 


STREETS COVERED BY FRANCHISE. 

That the streets over and upon which the rights and 
privilege shall extend shall he : 

(a) The streets upon which the grantee is now oper- 
ating, using and maintaining a line of street railway 
which are as follows, to-wit : 

On Pearl Street from Calder Avenue to Milam Street, 
Milam Street from Pearl Street to Park Street, on Park 
Street from Crockett Street to the City Limits; on Em- 
mett Avenue from Park Street to Sabine Pass Avenue; 
on Sabine Pass Avenue from Emmett Avenue to Sham- 
rock Avenue; on Shamrock Avenue from Sabine Pass 
Avenue to Fifth Street (now Irving Avenue) ; on Fifth 
Street (Irving Avenue) from Shamrock Avenue to Dou- 
cette Street; on Doucette Street from Fifth Street (Ir- 
ving Avenue) to Railroad Avenue; on Royal Street from 
Park Street to Galveston Street; on Galveston Street 
from Royal Street to Berlin Street ; on Berlin Street from 
Galveston Street to Sabine & East Texas Railroad; on 
College Street from Pearl Streef to Avenue C ; on Crock- 
ett Street from Park Street to Orleans Street; on Orleans 
Street from Crockett Street to Bonham Street; on Bon- 
ham Street from Orleans Street to Pearl Street ; on Lib- 
erty Avenue from Orleans Street to Magnolia Avenue; 
on Magnolia Avenue from Liberty Avenue to City Lim- 
its; on Calder Avenue from Pearl Street to City Limits. 

(b) Such of the other streets within the corporate 
limits of the City of Beaumont as may be designated by 
resolution or ordinance of the City Council of the City 
of Beaumont as streets upon which the said street rail- 
way system may be extended. 

(c) Such streets or highways as may be hereafter 
included within the corporate limits of the City of Beau- 
mont, upon which the grantee may be operating its rail- 
way system at the time of such inclusion. 


CITY OF BEAUMONT, 


439 


SECTION IV. 

SINGLE AND DOUBLE TRACKS AND SWITCHES. 

That the rights and privileges herein granted are 
for a single track street railway only, except to the ex- 
tent of the double tracks which the said grantee now 
nows and operates, and except to the extent that the 
said grantee may be hereafter authorized to change the 
said road or portion thereof, to a double track road, by 
the City Council of the City of Beaumont, under such 
regulations as the latter may prescribe; provided, how- 
ever, that the grantee be, and it is hereby authorized to 
construct, in lieu of the single tracks now situated there- 
on, double tracks along the following streets, to-wit: 

On Pearl Street from Bonham to Milam Streets; on 
Milam Street from Pearl Street to Park Street; on Park 
Street from Milam to Royal Streets; on College Street 
from Pearl to Park Street; this permit for double track 
being granted upon condition that the same be con- 
structed within twelve months after the acceptance of 
this ordinance, and that, as to character of construction, 
same shall be governed by the general provisions of this 
ordinance. 

That the grantee shall construct no switches or turn- 
outs in addition to those now constructed, except by per- 
mission of the City Council of the City of Beaumont. 

SECTION V. 

ANNUAL PAYMENT TO CITY. 

That in consideration of the grant of this franchise 
on the first day of February 1917 and on the first day of 
each year thereafter the grantee shall pay to the City 
of Beaumont one per cent of its gross receipts of fares 
for the carriage of passengers for the year ending Dec- 
ember 1st of the year preceding and the percentage of 
gross receipts to be paid by the grantee may be increased 
by the City Council of the City of Beaumont at any time 
after October 27th, 1927, to an amount not to exceed two 
per cent of such annual gross receipts. 


440 


CHARTER AND ORDINANCES. 


It is expressly understood that the payments in this 
section provided for are by way of a bonus to the City of 
Beaumont, and not by way of occupation or franchise 
tax nor tax of any kind; and same shall in no manner 
affect or impair the city's right of taxation against the 
grantee under present or future laws, nor in any manner 
release or exempt said grantee from the payment of any 
taxes which may be legally imposed. 

SECTION VI. 

CHANGE OF GRADE, IMPROVEMENTS OF 
STREETS, ETC. 

That if at any time the city shall desire to change 
the grade of any street, or portion thereof, traversed by 
the lines of the grantee or to improve the same by shel- 
ling, macadamizing, reshelling, remacadamizing, paving or 
repaving or repairing and shall provide for such improve- 
ment or change of grade by ordinance, then the grantee 
herein shall pay the cost of such improvement, or such 
change of grade, between and under the rails and tracks 
of its railroads and turnouts and for two feet on each 
side of the rails thereof; as well as the cost of changing 
its tracks to conform thereto; and when the city is ready 
to proceed with the improvements, repairs, or change 
of grade of such streets or portion thereof, the city, 
through its proper representatives, may enter into a 
contract for the construction of such improvement or the 
making of such repairs or change of grade, and charge 
to the grantee herein its proper pro-rata of the contract 
price of same for the whole width of the street as shall 
be assessed by the City Council provided that the city 
may proceed for the enforcement of the obligation of the 
grantee to make such improvement, repairs or change of 
grade, as provided in the general laws of the State of 
Texas by Act of May 10, 1909, or as provided in the Char- 
ter of the City of Beaumont; but in each case the obliga- 
tion of the grantee to make and to pay for its pro rata 
of such improvement shall constitute a first lien as 
hereinafter provided. 


CITY OF BEAUMONT; 


441 


Provided that the grantee, shall not he required to 
widen any of its concrete tracks or pavement foundations 
now laid until such time as the city shall legally provide 
for the repaving or otherwise improving or repairing, 
as above, of the street or streets or portions of same 
whereon said concrete track foundations, are now lo- 
cated, unless the grantee should sooner rebuild its track 
foundations, in either of which events the provisions of 
this clause shall become effective as to all such portions 
of streets so improved. 

Provided further, that whenever the grantee shall 
herafter build, or the city shall build for the grantee and 
the grantee pay for any concrete foundations under the 
tracks, the City Engineer, acting under direction of the 
City Council shall be required to establish a permanent 
paving grade for such concreting and track construction, 
and the tracks shall be cnstructed to said grade under 
the supervision of the City Engineer, or such other agent 
as the City Council may direct, and should the city de- 
termine to change the grade of any such concrete con- 
struction on grades hereafter so established within the 
period of ten years from the date of requirement of such 
construction, it, the city, shall be required to bear a por- 
tion of the expense of reconstruction caused by such 
change of grade, that is to say, the proportion of recon- 
struction expense in such case to be paid by the city as 
follows, to-wit: 

If the change of grade and construction is required 
within the first year after the original concrete construc- 
tion is required, all of the expense thereof, if within the 
second year after requiring the original concrete con- 
struction, ninety per cent of total cost of change, and 
ten per cent less for the lapse of each additional year, 
but after the lapse of ten years from the date of require- 
ment of original concrete construction, the city shall bear 
none of the expense caused by such change of grade. 


442 CHARTER AND ORDINANCES. 

SECTION VII. 

CONCRETE FOUNDATIONS. 

That the grantee herein shall, as soon as practicable, 
from and after the passage hereof, begin to place its 
tracks now on Pearl Street, on Calder Avenue from Gulf 
Street to City Limits, and on Magnolia Avenue from 
Long Avenue to Elm Street, on a good substantial con- 
crete foundation, at least six inches in thickness and 
seven feet in width, under the ties or stringers, and shall 
have same finished and completed within twelve months 
after acceptance of this ordinance, and shall maintain 
such foundations, as well as concrete foundations under 
its other tracks, in good condition and repair; provided, 
the city shall permit the operation of the cars over the 
side of such streets during such construction, when prac- 
ticable. 

That the grantee shall also, when required by the 
City Council, construct, concrete foundations of the char- 
acter above described under its tracks, on any street 
which the City of Beaumont shall macadamize, shell or 
pave. 

SECTION VIII. 

SPRINKLING CARS. 

That the grantee shall procure and keep in good con- 
dition and repair a sufficient number of water sprink- 
ling cars with which it shall, after the expiration of 
eighteen months after the acceptance of tfyis ordinance, 
sprinkle not to exceed twice in one day from curb to 
curb, 8000 lineal feet of such streets, over which its lines 
extends as the City Council may designate and at such 
times as it may be so required to dQ by the City Council; 
provided, that for every additional street mile of track, 
or portion thereof hereafter constructed, the grantee 
shall sprinkle 720 feet additional; provided, further, that 
nothing in this section contained shall be construed as 
affecting any legal right which the city may have to 


CITY OF BEAUMONT. 


443 


compel the grantee to sprinkle a greater amount than 
above provided. 

SECTION IX. 

CARE OF STREETS, ETC. 

That the grantee shall use this grant in such mannei 
and maintain its lines of road and operate its cars so as 
not to injure the said streets nor to interfere with the use 
of the same by the public; and in doing construction or 
repair work on its tracks, the grantee shall perform same 
in such manner as shall not unnecessarily interfere with 
the use of the street by the public; and any injury to the 
streets in connection with its construction or repair work, 
the grantee shall repair at its cost. The grantee shall 
at all times keep that portion of the street and its foun- 
dation between its rails, tracks, sidings and turnouts and 
for two feet on each side thereof in good condition and 
repair; shall keep the top of its rails on a level with the 
street ; and construct and maintain in good condition and 
repair a good and sufficient wagon-crossing from street 
line to street line over its tracks at the intersection of all 
streets and shall construct and maintain over its tracks 
and for two feet on each side thereof in good condition 
and repair a good and sufficient foot crossing on each 
side of the street, in such manner as it may be directed to 
do from time to time by the City Council of the City of 
Beaumont or other governing body of said City of Beau- 
mont; and shall pay to the City of Beaumont one-half 
of the cost of all culverts from curbing to curbing, which 
the city may construct or cause to be constructed under 
its tracks, and shall also pay to the city one-half of the 
cost of maintenance thereof; provided, that nothing in 
this section contained shall be construed as affecting any 
legal right which the city may have to compel the grantee 
to pay a larger portion of the costs of construction and 
maintenance of culverts than that above provided. 

SECTION X. 

TEMPORARY SUSPENSION. 

That for the purpose of making repairs or improve- 


444 


CHARTER AND ORDINANCES. 


ments, the city, through its Mayor, may at any time re- 
quire the suspension of the operation of cars over any 
portion of said streets until same may be safely resumed 
without probability of injury to said improvements. 

SECTION XL 

EQUIPMENT AND SCHEDULES. 

That the said street railway lines shall be construct- 
ed, maintained, equipped and operated in first class style 
and condition. The grantee shall provide, keep and main- 
tain a sufficient number of first class modern cars of not 
less than double truck, unless single truck cars are per- 
mitted by the City Council, for the comfortable trans- 
portation of passengers, and shall operate same on the 
following schedules, to-wit: 

On Calder-College line and Sabine-Magnolia lines, 
the cars shall follow each other at intervals of not more 
than ten minutes apart ; on Park Street line, the cars shall 
follow each other at intervals of not more than fifteen 
minutes apart; on the Royal Street line, cars shall follow 
each other at intervals of not more than fifteen minutes 
apart; all cars to operate on said schedules from the in- 
tersection of Pearl and Bonham Streets to the end of the 
several lines now constructed or of any extension of same 
hereafter built in pursuance of this franchise or any 
amendment thereto. The City Council or other govern- 
ing body of the City of Beaumont shall have the power 
hereafter from time to time to fix the schedules upon all 
lines or any of same as it may deem proper. Provided, 
that no schedule shall hereafter be reduced to less inter- 
vals between cars than those hereinbefore provided, on 
any line to such extent that the average gross earnings 
of all cars required on such lines to comply with the said 
reduced schedule, shall fall below a reasonably profit- 
able rate per day per car. Provided further, that the City 
Council, through its Mayor or by resolution, may require 
of the Manager, President or other proper officer of the 
grantee to make an affidavit, whenever called upon to do 
so, which affidavit shall show the gross earnings of all 
cars on any line, and the number of cars aperated thereon, 


CITY OF BEAUMONT. 


445 


and the city shall have the power to detail an officer or 
otherwise to check and corroborate the said affidavit to 
its satisfaction for the purpose of determining* the aver- 
age gross earnings of cars and such officer shall have 
free access to all car records and free transportation on all 
cars for such purposes, provided, the grantee can legally 
issue the same. Cars shall operate on above schedule 
from 5 :30 o ’clock A. M. to 10 o ’clock P. M. on all lines and 
between the hours of 10 o ’clock P. M. and 12 o ’clock mid- 
night, the cars may be operated on a 20 minute schedule 
on all lines, provided the City Council may by resolution 
require the said grantee to operate cars, on any or all lines 
between the hours of 10 o ’clock P. M. and 12 o ’clock mid- 
night on the same schedule time hereinbefore required 
between the hours of 5:30 A. M. and 10 o’clock P. M. 

SECTION XII. 

FARES AND TRANSFERS. 

That the grantee may charge and is authorized to 
collect a fare of five cents for each single trip for each 
passenger, and shall provide convenient transfer certifi- 
cates with close and convenient connection of cars, at 
the Post Office corner and at other convenient points, 
and such transfers shall be provided from and to all of 
its connecting lines where a change of cars is necessary 
to make a continuous trip, hut such transfer certificates 
shall be good only when presented by the same passenger 
on the first available car on the connecting line passing 
the connecting point; provided that not more than one 
transfer shall be issued on a single cash fare. 

School children shall be carred on their way to and 
from school at two and one-half cents for each single 
trip under convenient regulations of the City Council as 
to tickets, and such tickets to be good only between the 
hour^ of 7 A. M. and 5 P. Id Children under five years 
of age when accompanied by a person paying fare, shall 
be permitted to ride free. 

City police officers, and firemen in uniform shall 


446 CHARTER AND ORDINANCES. 

be carried free of charge as long as such is not forbidden 
by law. 

SECTION XIII. 

BONDING OF RAILS AND RETURNING CURRENT. 

That in case the rails are joined by any other form 
than a cast welded or electrically welded joint, there shall 
be used some good and approved system of bonding which 
will connect the ends of the rails in such manner that the 
conductivity of the joints shall be sut?h as to render them 
capable of preventing in so far as practicable any tend- 
ency for the current to shunt at that point, and as nearly 
equivalent to the carrying capacity of the rails as nec- 
essary for that purpose. The rails of each single track 
and the inside rails of the double tracks shall be connect- 
ed by sufficient cross bonds of copper wire spaced not 
more than one thousand feet apart, and properly secured 
to the rails in such manner as to secure proper conductiv- 
ity. The grantee shall use the most approved method 
of bonding and returning current to their plant so as to 
prevent damage from electrolysis as effectually as prac- 
ticable. 

And the City Council of the City of Beaumont shall 
have the right to make or cause to be made at any time 
an electrical survey to determine whether or not the rails 
are bonded so as to prevent damage from electrolysis as 
effectually as practicable. 

SECTION XIV. 

REPAIRS, ETC. 

That the grantee shall make all repairs and do all 
construction work affecting the streets, under the super- 
vision of the City Engineer, but the City Engineer shall 
have no authority to waive any requirements imposed 
upon the grantee, either by this franchise, or by resolu- 
tion of the City Council pursuant to this franchise or any 
other law; and it is hereby made the duty of the said en- 
gineer of the City of Beaumont to supervise all construc- 
tion and repair work on all street car lines of the grantee 


CITY OF BEAUMONT. 


447 


involving any interference whether temporary or perma- 
nent, with the grades and levels of the streets of the city, 
and to require the grantee herein to promptly cause the 
streets to be restored to at least as good condition as they 
were in before such construction or repair work. 

That the grantee herein, shall in construction or re- 
pairing the road bed and tracks for said railway, restore 
all streets and avenues so used and occupied by it to their 
former condition by refilling and packing thoroughly any 
and all excavations made by them, and doing and per- 
forming whatever may be necessary in order to make 
such restoration, and failing to do so within ten days af- 
ter notice is given by the Mayor or City Council, the May- 
or or City Council may order the work done, and the gran- 
tee shall be liable for the cost of said work and such cost 
shall be a first lien upon the railway, equipment, property 
and franchise of said grantee. 

SECTION XV. 

RAILS. 

That the City Council of the City of Beaumont re- 
serves the right at any time to require a change of the 
rails in any track or tracks of the grantee where this may 
he reasonably necessary to prevent the impairment of the 
street for the use of vehicles or pedestrians; and when- 
ever any new tracks are to he laid, or any of the present 
tracks are to be relaid, or any street over which the gran- 
tee’s tracks extend is to be paved or repaved, the City 
Council of the City of Beaumont shall have the right to 
order and require the grantee to construct or reconstruct 
said tracks or rails of such character, size and dimensions 
as said City Council may prescribe. 

SECTION XVI. 

ABANDONMENT. 

That the grantee shall not abandon any part of the 
aforesaid lines without the consent of the City Council 
expressed in the form of an ordinance authorizing such 


448 


CHARTER AND ORDINANCES. 


abandonment; and the said grantee shall be required to 
operate all lines now built or hereafter to be built by it or 
its successors or assigns as one system of street railway. 

SECTION XVII. 

USE OF TRACKS BT OTHER COMPANIES. 

That in case any other person, firm or corporation 
shall hold or obtain a franchise from the City of Beau- 
mont for the construction and operation of a street car 
line over the streets of the City of Beaumont, the city re- 
serves the right to permit such person, firm or corpora- 
tion to operate its cars over any track of the grantee for 
a distance not to exceed eleven hundred feet at any one 
stretch, when same is reasonably necessary in the public 
interest and for the public convenience, in the opinion 
of the City Council. 

And in case of any interurban railway running into 
the City of Beaumont, the City of Beaumont reserves the 
right to permit or require such interurban railway to op- 
erate its passenger cars over so much of the track of the 
grantee as the City Council may deem reasonably nec- 
essary in the public interest and for the public conven- 
ience to enable such interurban railway to reach the main 
business streets and a convenient terminus in the city. 

The permits above provided for shall be granted only 
after the grantee shall have been accorded a reasonable 
opportunity to be heard with regard to the question of the 
reasonable necessity for such permit, and subject to rea- 
sonable terms and conditions as to the compensation and 
division of the costs of maintenance and regulations of 
the time and manner of operation of cars; and said per- 
mits shall in no case take effect until said terms and con- 
ditions shall have been determined, as follows, to-wit : 

When such permit is granted, the City Council shall 
name a time within which the parties may agree upon 
said terms and conditions. 

If within the time so named the parties cannot agree, 
the matter shall be submitted to three arbitrators, one 


CITY OF BEAUMONT. 


449 


to be chosen by each of the parties, and the third by these 
two. An award of any two thereof shall be final and bind 
ing upon both parties. If no such award is made within 
ninety days after appointment of the arbitrators, the City 
Council may by resolution prescribe the terms and con- 
ditions, and same shall be final and binding on both 
parties. 

And in case any new line of street railway or any in- 
terurban railway shall be constructed in the city limits, 
of the said City of Beaumont by any other company than 
said grantee, the city reserves the power to require 
the grantee hereof and such other company or companies 
to provide interchangeable transfers which shall be mu- 
tually accepted; provided, that no such requirement will 
ever be made by the City Council unless at the same time 
reasonable provisions shall be made by the City Council 
governing division of fares for such connected service; 
and provided further, that the city will only exercise this 
power when reasonably necessary for the public interest 
or convenience. 


SECTION XVIII. 

GUAGE AND LOCATION OF TRACTS. 

That the grantee shall maintain standard guage 
lines such as are now in use, and in all future construc- 
tion, unless otherwise provided by ordinance, shall keep 
its tracks midway of the streets and when a double track 
is permitted shall lay its double tracks or switches on 
each side of the middle of the streets, covering no greater 
part of the street than is reasonably necessary for saf^ 
passage of cars; and it shall have the right to lay double 
tracks on such portions of the streets covered by this 
franchise as it shall hereafter obtain special permission 
for from the City Council. 

SECTION XIX. 

RECOVERY OF EXPENDITURE BY CITY. 

That in any case where it is herein provided that the 


450 


CHARTER AND ORDINANCES. 


grantee shall perform any act and it shall fail to do so 
upon reasonable notice from the Mayor of the City of 
Beaumont of a requirement by the City Council that it 
should do such act, the City shall have the right in addi- 
tion to all other rights and remedies herein provided to 
do or order same to be done by, and at the cost of the city, 
and the cost thereof, with six per cent interest per annum 
shall be paid to the city by the grantee herein, on demand 
by the city for the payment thereof ; and in the event of 
failure to make payment thereof to the city within thirty 
days after demand, said indebtedness shall thereafter 
bear interest until paid at the rate of ten per cent per an- 
num instead of six per cent, and the city shall be entitled 
after demand to at once sue for and recover judgment 
against said grantee, for the full amount of said indebted- 
ness, and interest, and in addition thereto, a penalty 
amounting to ten per cent of such principal and interest, 
and all costs of said suit. 

SECTION XX. 

LIEN OF CITY. 

That in every case where any sum of money, whether 
by way of debt, fine, forfeit, penalty or otherwise, shall 
become payable from the grantee to the City of Beaumont 
under any provision of this ordinance the same shall be a 
lien upon all poles, wires, rails, tracks, cars, franchises 
and other property of the grantee in the City of Beau- 
mont, and as to all of said property the lien of the city 
shall have preference and priority over all mortgages and 
other liens, except liens for State, County and municipal 
taxes; and all persons claiming any right or interest in 
said properties under the grantee, whether under con- 
tract executed before or after the accrual of such claim 
in favor of the city, must take notice hereof and post- 
pone their claims to the said claims of the city. 

SECTION XXI. 

ANNUAL REPORTS. 

That for the purpose of enabling the city to deter- 


CITY OF BEAUMONT. 


451 


mine from time to time the schedules to be maintained 
and for enabling the city to frame reasonable ordinances 
relative to the said grantee and to determine the amount 
of compensation to he paid under Section 5 hereof, the 
grantee shall make to the City Council annual reports 
showing its gross receipts from all sources ; the amount of 
its stock and bonds outstanding and the actual sums re- 
ceived by it for them; the interest due upon its bonds; 
all other indebtedness of the grantee; the number and 
classes of its employees and salaries paid to each class; 
all other expenses incurred by it in sufficient detail to 
render them conveniently intelligible. Should the City 
Council desire additional information for the purpose 
of this section, it may have the books of the grantee au- 
dited or cause them to be produced before it for inspec- 
tion at any meeting; may call the employees of the gran- 
tee or call any person before it to give evidence upon the 
matters and things then under inquiry, and compel their 
attendance, as provided in Section 97 of the City Charter; 
and the grantee shall keep all of its books at its office 
in the City of Beaumont, so that same may be accessible at 
all times. 

SECTION XXII. 

SUCCESSORS AND ASSIGNS. 

That every duty, obligation and restriction herein 
imposed upon the grantee, Beaumont Traction Company, 
shall be deemed to have been assumed by and apply to and 
be binding upon any person, firm or corporation succeed- 
ing to the Beaumont Traction Company in the operation 
of said railway lines; and all rights, claims, liens, reme- 
dies, penalties, fines and forfeitures herein provided in 
favor of the City of Beaumont against the Beaumont Trac- 
tion Company, shall also exist in favor of said city against 
any successor, receiver or assign of said Beaumont Trac- 
tion Company. 

SECTION XXIII. 

EXTENSION OF LINES. 

That the grantee shall extend its existing lines or 


452 


CHARTER AND ORDINANCES 


build additional lines of street railway along the streets 
leading into any territory within the city limits, when re- 
quired so to do by resolution of two-thirds of the City 
Council; provided such extensions shall not be required 
by the City Council unless after due notice to the grantee 
and a hearing upon the matter, it shall appear to the 
Council that such extension will yield an additional gross 
annual revenue sufficient to pay the additional operating 
expense to the grantee entailed by reason of such exten- 
sion of its lines, together with interest at the rate of seven 
per cent on the cost of said construction and the extra 
equipment required to operate such extensions. 

The cost of such operation shall be determined by 
comparison with the average cost per car per mile of all 
cars operated by the grantee for twelve months preced- 
ing the hearing. 

Provided, that no extensions shall be required for 
three years after the acceptance of this ordinance, and 
that in no event shall such extensions be thereafter re- 
quired to an extent in access of an average of one track 
mile in every three years. Provided, that any extensions 
voluntarily made by the grantee shall not limit or affect 
the city’s rights to require extensions as herein provided. 

And provided further, that in the event of a disagree- 
ment between the City Council and the grantee as to 
whether the proposed extension will yield the additional 
gross annual revenue hereinbefore required the matter 
shall be referred to three competent persons as arbitra- 
tors, one to be selected by the Mayor of the City of Beau- 
mont, and one by the grantee and the third by these two ; 
the decision of any two of the said arbitrators to be final 
and binding upon both parties ; and the reasonable com- 
pensation for such third arbitrator as may be chosen to be 
equally divided between the grantee and the said City of 
Beaumont. 

SECTION XXIV. 

TERMINATIONS AND FORFEITURES. 

That this franchise shall stand terminated at the end 


CITY OF BEAUMONT 


453 


of the term ’limited by Section 1 of this ordinance unless 
it shall be terminated sooner by default of said grantee, 
its successors or assigns, as provided in other sections of 
this ordinance, or by default of said grantee, its succes- 
sors or assigns under the provisions of this section as 
ascertained by a judgment of a court of competent jur- 
isdiction in a suit to which said City of Beaumont and 
said grantee, its successors or assigns, are parties and in 
which the forfeiture of this franchise is sought. 

This franchise and all amendments thereto under 
which the grantee, its successors or assigns, may hereaf- 
ter be operating its lines of railway in the City of Beau- 
mont may be forfeited and so adjudged by decree in a 
proper proceeding in a court of competent jurisdiction, 
for the following causes, in addition to all other causes in 
this ordinance provided, to-wit : 

FIRST. Persistent or repeated failure on the part of 
the grantee, or its agents, amounting to wilfulness or 
negligence, to maintain any schedule or schedules as pro- 
vided in this ordinance or which the City Council may 
hereafter establish pursuant to the provisions of Section 
2 of this ordinance ; provided, however, a temporary fail- 
ure to maintain schedules on account of new construc- 
tions or reconstruction work on its tracks or foundations 
thereof, or on account of paving work being done by the 
city, or on account of strikes reasonably unavoidable, fail- 
ure of power, accidents or other causes beyond the con- 
trol of said grantee shall not be a cause for forfeiture of 
this franchise. 

SECOND. Any fraud or intentional deception or 
concealment practiced by the grantee or its agents in 
making up and presenting to the city its reports provided 
for in Section 21 of this ordinance shall be ground for 
forfeiture of this franchise and all amendments thereof. 

THIRD. The grantee herein, Beaumont Traction 
Company, shall observe faithfully all the obligations here- 
in assumed by it in accepting this franchise; and persis- 
tent or continued violation by it amounting to wilfulness 
or negligence of any of the provisions of this ordinance 


454 


CHARTER AND ORDINANCES 


after reasonable notice to remedy or desist therefrom 
shall be a ground for forfeiture of this franchise, and all 
amendments thereof, and all rights and privileges of the 
grantee thereunder, regardless of any other remedy pro- 
vided herein or authorized in law or equity. 

The forfeiture of this franchise from any cause, alter 
its acceptance, as provided in this franchise shall not in 
any manner, revive, renew or restore any of the former 
franchises, permits, rights, or privileges of the grantee, 
which, upon acceptance of this franchise are repealed and 
cancelled by the provisions of Section 1 of this ordinance. 

SECTION XXV. 

PENALTIES FOR FAILURE OF SCHEDULES. 

That in the event the grantee, its officers, or agents 
shall wilfully or negligently fail to maintain any schedule 
or schedules as in this ordinance provided, or which the 
City Council may hereafter legally establish pursuant to 
the provisions of Section 11 of this ordinance, (temporary 
delays on account of new construction, or reconstruction 
work on its tracks or foundations thereof, on account of 
paving work being done by the city, or on account of 
strikes or reasonably unavoidable failure of power, ac- 
cidents or other causes beyond the control of said gran- 
tee being excepted), said grantee shall forfeit and pay 
to the City of Beaumont a sum not less than $10.00 nor 
more than $50.00 for each offense; and each day upon 
which such wilful or negligent default or failure shall oc- 
cur shall be deemed a separate offense; and the City of 
Beaumont shall have a first lien of the character, extent 
and priority defined in Section 20 of this ordinance, up- 
on the property of said grantee for the payment of all 
such penalties and forfeitures and such penalties and for- 
feitures may be recovered by the City of Beaumont in 
any court of competent jurisdiction. Unless the City 
Council or Mayor has previously notified in writing the 
grantee or its manager in Beaumont of the city’s inten- 
tion to invoke the remedy herein provided, the city shall 
be limited in the recovery of penalties to the extent of 


CITY OF BEAUMONT 


455 


ten days prior to filing the suit and such penalties as ac- 
crue after filing of such suit. Nothing herein provided 
shall deprive the city of the right of forfeiture under the 
provisions for forfeiture in this franchise. 

SECTION XXYI. 

PENALTIES FOR OTHER FAILURES. 

That in the event the grantee, its officers or agents 
after written notice or warning from the City Council or 
Mayor of the City of Beaumont to said grantee, shall wil- 
fully or negligently fail to perform any duty imposed 
upon the grantee by the provisions of this ordinance, said 
grantee shall forfeit and pay to the City of Beaumont a 
sum not less than $10.00 nor more than $50.00 for each of- 
fense; and each day upon which such wilful or negligent 
default or failure shall occur, shall be deemed a separate 
offense; and the City of Beaumont shall have a first lien 
upon the property of said grantee for the payment of all 
such penalties and forfeitures, of the character, extent 
and priority defined in Section 20 of this ordinance and 
such penalties and forfeitures may be' recovered by the 
City of Beaumont in any court of competent jurisdiction 
without depriving the city of its rights of forfeiture un- 
der the provisions for forfeiture in this franchise. 

SECTION XVII. 

POLES, WIRES, ETC. 

That the grantee is hereby authorized to erect and 
maintain a system of overhead wires above its street rail- 
way in the City of Beaumont for the purpose of conduct- 
ing electric current and to use the rails for return cir- 
cuit, or it may use overhead wires for the return circuit ; 
it is authorized to operate electric generators to generate 
the current with which to propel the cars upon said street 
railway; it is authorized to ereqt poles to place the wires 
upon said poles to be placed on the outside edge of the 
sidewalk within the curb lines, and said poles to be not 
less than 100 feet apart; and to be straight, shapely, of 
uniform size and thoroughly painted of such color as the 


456 


CHARTER AND ORDINANCES 


city council may direct j all poles, overhead wires and fix- 
tures to be first class in every respect,, fitted with proper 
safeguards, and/to be* at ;alt times kept! in good repair, and 
replaced and renewed when needed. Provided that the 
location of all poles hereafter erected shall be placed 
under the supervision of the City Engineer. 

That the rights and privileges granted by this sec- 
tion shall apply on such portions of the streets of the City 
of Beaumont as said grantee does now or shall hereafter 
be authorized to operate its street railway upon; and said 
grantee is authorized to construct and maintain feed 
wires upon its poles along its lines of street railways now 
or hereafter operated by it; and may also maintain and 
operate such* additional feed and return current wires 
as are now in use. 

But no feed or return current wires in addition to 
those now in use shall be erected without permission of 
the City Council of the City of Beaumont; and all such 
feed wires shall be thoroughly insulated and shall be con- 
structed and maintained in good order and condition. 

That when new lines, or extensions of present lines 
are to be constructed, or renewals are to be made on any 
lines, the City Council shall be authorized and empowered 
to prescribe therefor the size, character, quality and 
height of poles, overhead wires, fixtures, and safe-guards 
to be used by said grantee. 

SECTION XXVIII. 

VESTIBULES. 

That each end of every car operated by the grantee 
shall be provided with a screen or vestibule which shall 
fully protect the persons operating said car from wind 
and weather on all cars operated between November 1st 
of each year and April 1st of the next year. 

SECTION XXIX. 

SEPARATION OF RACES. 

That the grantee shall at all times makt provision 


CITY OF BEAUMONT 


457 


for the separation of white and negro passengers upon 
its cars in such manner as may be prescribed by the City 
Council of the City of Beaumont or by the laws of the 
State of Texas. 

SECTION XXX. 

REGULATIONS. 

That the City Council of the City of Beaumont shall 
have authority to enact ordinances regulating the speed 
of the cars; requiring the use of fenders and other rea- 
sonable safe-guards on cars; and to make other reason- 
able regulations and requirements governing the opera- 
tion of cars for the convenience and safety of passengers 
.and the public. 

That the grantee,, its successors and assigns, shall 
own, maintain and operate its street railway in the City 
of Beaumont under the rights and privileges granted 
by this ordinance, subject to the provisions of the Char- 
ter of the City of Beaumont, all ordinances passed pur- 
suant to the provisions of this ordinance and all other 
legal ordinances which may be enacted by the City Coun- 
cil of the City of Beaumont, in the exercise of its legal 
police powers or pursuant to its charter. 

Provided, that as regards the power of the City Coun- 
cil to require the illumination by the grantee of the streets 
over which its tracks run, the measure of the right of 
the City Council shall be the measure stipulated in Sec- 
tion 35 of this ordinance. 

SECTION XXXI. 

DISMISSAL OF RECEIVERSHIP. 

That in the event the receivership suit now pending 
in the United States Circuit Court for the Eastern Dis- 
trict of Texas at Beaumont, being Cause No. 157 in equity, 
entitled Interstate Trust and Banking Company vs. Beau- 
mont Traction Company, shall not be disposed of and the 
receiver discharged, and the properties of the grantee be 


458 


CHARTER AND ORDINANCES 


delivered to it within twenty-one (21) months after the 
acceptance of this franchise, then and in that event this 
ordinance and franchise shall thereupon stand cancelled, 
revoked and repealed without need of judicial ascertain- 
ment, and all previous franchises, rights and privileges 
held by said grantee by virtue of the ordinance and per- 
mits hereinbefore mentioned, and which are repealed by 
Section 1 hereof shall not be thereby revived, but shall 
remain cancelled, revoked and repealed. 

SECTION XXXII. 

INDEMNIFYING CITY. 

That the grantee shall hold the city harmless from 
any damages or injuries as to property or persons that 
may be occasioned by, or in connection with the construc- 
tion or operation of said electric street railway system, or 
in connection with the improvement or repair of said sys- 
tem or of any streets by the grantee 

SECTION XXXIII 
ACCEPTANCE. 

This ordinance shall become effective upon accep- 
tance thirty (30) days after passage hereof, which ac- 
ceptance shall be made by fulfillment of the following 
terms and conditions, and be filed not later than Jan- 
uary 13th, 1911: 

FIRST. The filing with the City Secretary of the 
City of Beaumont of a writing signed and sealed in the 
name and on behalf of the grantee, by its President and 
Secretary, formally accepting the rights, privileges and 
franchises conferred by this ordinance, and accepting 
and agreeing to the bound by all said terms and condi- 
tions thereof, such writing to be accompanied by a certi- 
fied copy of resolutions duly adopted by the stockholders 
and the Board of Directors of the grantee authorizing 
the execution of such writing. 

SECOND. The filing with the City Secretary of 
the City of Beaumont an instrument in writing duly exe- 


CITY OF BEAUMONT 


459 


cuted and acknowledged by the trustee of the bondhold- 
ers of said grantee, and also executed by the holders of 
all bonds of said grantee, agreeing to the acceptance of 
this ordinance by said grantee and ratifying the same; 
provided, if the holders of at least two-thirds of the bonds 
give such consent, the City Council may accept in lieu of 
the consent of the remaining bondholders a good and suf- 
ficient bond by the grantee in not less than the amount 
of such remaining bonds guaranteeing the city against 
any claim by the holders of such remaining bonds against 
the binding force of this franchise upon them, such bond 
to be subject to approval by the City Council. 

THIRD. The filing with the City Secretary of the 
City of Beaumont of an instrument in writing, signed 
by the receiver of the Beaumont Traction Company, rat- 
ifying the Traction Company’s Company’s acceptance of 
this franchise, said instrument to be first authorized by 
an order of the United States Circuit Court for the Eas- 
tern District of Texas, a certified copy of which shall ac- 
company said instrument or ratification, and be approved 
by the Mayor and City Attorney before being received 
and filed by the City Secretary. 

FOURTH. The furnishing to the City Secretary of 
the City of Beaumont of satisfactory assurance as pro- 
vided in Section 30 of this ordinance. 

FIFTH. Upon the payment to the City of Beau- 
mont of the indebtedness of the grantee to the City of 
Beaumont in the sum of $4039.97 covering the city’s claim 
for paving on Magnolia and Liberty Avenues, and for 
paving the intersection of Park and Bowie Streets; and 
the sum of $500.00 additional to cover fee of the city to 
its special attorney for services in connection with this 
ordinance. 

If the foregoing provisions of this section shall not be 
complied with on or before January 13th, 1911, then this 
ordinance shall at once become void and of no force or 
effect, and stand repealed without further action by the 
City Council, unless the time for compliance wdth the pro- 


460 


CHARTER AND ORDINANCES 


visions of this section shall be extended by the City Coun- 
cil of the City of Beaumont for reasons deemed sufficient 
by it. 

If this ordinance shall be accepted and become effec- 
tive in the manner provided in this section, then the suits 
of the City of Beaumont against the grantee in the State 
Court, now pending, and hereinbefore referred to, shall at 
once be dismissed by the City of Beaumont at the cost of 
said grantee. 


SECTION XXXIV. 

FIRST CLASS IN TWELVE MONTHS. 

That the grantee shall equip and put its entire street 
railway system in the City of Beaumont in first class 
order and condition, including its tracks, bonding of rails, 
overhead work, cars, power plant, repair of its portion 
of streets as required herein, and concrete foundations 
under tracks on streets specified in Section 7 hereof, with- 
in a period of twelve months from the acceptance of this 
franchise, and thereafter maintain same in first class or- 
der and condition, and operate same in accordance with 
the provisions of this ordinance during the period of 
this franchise; and before this franchise shall become ef- 
fective, said grantee shall furnish satisfactory assurance 
to the City Council of the City of Beaumont that it has 
made the necessary financial arrangements, ana will place 
its entire system in first class order and condition as 
aforesaid within said twelve months; and upon a failure 
by the grantee to furnish such satisfactory assurance by 
the time allowed, said grantee to signify its acceptance 
of this franchise as hereinbefore provided, or a failure by 
the grantee to fully comply with its obligation to equip 
and put its entire system of street railway in first class 
order and condition as above provided within twelve 
months after the acceptance of this franchise, (delays 
due to strikes, bad weather, or other causes beyond the 
control of the said grantee, excepted), unless the City 
Council of the City of Beaumont extends the time thereof, 
this ordinance and all rights, privileges and franchises 


CITY OF BEAUMONT 461 

hereunder, shall at once stand cancelled and forfeited 
and revoked 

SECTION XXXV. 

LIGHTS. 

The grantee shall illuminate the streets over which 
its lines extend at such points and places thereon as shall 
be designated by the City Council, whenever the City 
Council shall by resolution require said illumination. 

The lights therefor shall not be less candle power 
than the arc lights in use by the city for general street 
street lights and shall be of such character, kind and size 
as may be designated from time to time by resolution of 
the City Council. 

Provided, that the grantee herein shall not be re- 
quired to furnish more lights than they have street miles 
of track in the city. And provided further, that a ma- 
pority of the street mile track shall be considered a mile 
for this purpose. 

SECTION XXXVI. 

MOVING OF TRACKS. 

That the grantee, shall, whenever required to do so 
by the City Council of the City of Beaumont move and 
permit to be removed, any of its tracks in or near the cen- 
ter of a street or streets near to one side of such street 
or streets, to enable the city or the holder of a franchise 
from the city to construct an additional track upon such 
street or streets, provided the grantee shall not be re- 
quired to bear any part of the expense of moving its 
tracks, and provided the street is of sufficient width to 
permit such moving. 

SECTION XXXVII. 
CONSOLIDATION OF RAILWAYS. 

The street railway of the grantee herein shall not, as 
to ownership, control or operation, be consolidated with 
any other street railway or interurban in the City of 


462 


CHARTER AND ORDINANCES 


Beaumont, without the consent of the City Council grant- 
ed by ordinance and duly adopted. 

SECTION XVIII. 

The term “City Council” as used in this ordinance 
shall be construed to mean the City Council of the City 
of Beaumont, or other governing body of said city, by 
whatever name such body shall hereafter be designated. 

SECTION XXXIX. 

CREDITORS LIENS. 

That upon the acceptance of this ordinance, the 
remount of the judgments heretofore recovered by H. R. 
Collier, P. K. Ridley, Jemina Helile, and other existing 
judgments of creditors against the grantee shall consti- 
tute liens upon all the properties of every kind of the 
grantee, its successors and assigns, and the proceeds of 
the sale thereof, in case same shall be sold, and such lien 
shall be prior to the lien of the holders of all bonds of the 
grantee, as well as prior to all other liens and indebted- 
ness of every kind and character due by the grantee, its 
successors and assigns, save and except debts or obliga- 
tions due or which may become due the City, County or 
State; and said debts due said creditors shall be paid 
within fifteen months from the date of the acceptance 
of this ordinance ; and in the event they be not paid within 
that time, then and in that event, the said creditors shall 
have a right to foreclose their said liens and to require 
a sale of the property of the grantee. 

SECTION XXXIX A. 

STOCKS AND BONDS. 

That the grantee herein shall not issue any stock and 
bonds over and above the amount of stocks and bonds 
now issued except for betterment and extension, without 
the express consent of the City Council, or other govern- 
ing body of the City of Beaumont. 

SECTION XL, 

REPEALING CLAUSE. 

That all ordinances and parts of ordinances of the 


CITY OF BEAUMONT 


4 63 


City of Beaumont to the extent that they conflict with 
this ordinance, be and the same are hereby repealed upon 
this ordinance being accepted and becoming effective 
in the manner provided in Section 33 of this ordinance. 

SECTION XLI. 

PASSAGE CLAUSE. 

This ordinance shall be in full force and effect from 
and after its passage, approval by the Mayor, acceptance 
by the grantee as provided in this ordinance, and lawful 
publication, as provided by the Charter of the City of 
Beaumont. 

Passed this the 3rd day of January, A. D. 1911. 
Approved by the Mayor, this 3rd day of January, A. 
D. 1911. 

EMMETT A. FLETCHER, Mayor. 

ATTEST: 

J. G. SUTTON, City Secretary. 


464 CHARTER AND ORDINANCES 

CHAPTER XII. 

SOUTHWESTERN TELEGRAPH AND TELEPHONE 
COMPANY. 

AN ORDINANCE. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the right to erect and maintain tele- 
phone poles and wires upon public streets in said city 
is hereby granted to the Southwestern Telegraph and 
Telephone Company, its successors and assigns, also such 
necessary fixtures, necessary and convenient for the pur- 
pose of supplying to the citizens of said city, and the 
public communication by telephone or other electrical 
device for telephone purposes, all such right and use, to 
be and continue upon the conditions herein stated. 

Sec. 2. The location of the poles or any change or 
extensions thereof shall be done under the direction of 
the Committee on Streets and Bridges of said City Coun- 
cil. 


Sec. 3. Said poles and wires shall be placed and 
maintained so as not to interfere with travel on said high- 
ways, and said company shall hold said city free and 
harmless from all damages arising by reason of any abuse 
or negligence in said occupancy. Said poles shall be so 
placed so as not to interfere with the flow of water in 
any sewer, gas pipe, drain or gutter, and in case of bring- 
ing to grade or changing grade of any street or alley, said 
poles, shall by said company, be reset so as to conform 
thereto. And this grant is made, and is to be enjoyed, sub- 
ject to all such reasonable regulations and ordinances of 
a police nature as said City Council may be authorized 
or see proper to, at any time, adopt, not destructive of 
the rights herein granted. 

Sec. 4. The right of use, here given shall riot be ex- 
clusive, and the City Council reserves the power to grant 
like rights of use to others for similar uses, the same, 


CITY OF BEAUMONT 


465 


however, not to interfere with the proper exercises of the 
privilege herein granted. 

Sec. 5. In further consideration whereof said South- 
western Telegraph and Telephone Company shall agree to 
allow the city at any time to attach to any of said poles, 
on the upper arm, the city fire alarm wires or police 
lines, and said poles are made a municipal instrumental- 
ity for that purpose; provided, such attachments and said 
city use shall not be so made or permitted as to interfere 
with the said company’s use, and said attachments shall 
be made and maintained under the direction of said com- 
pany’s manager in said city. The said company is to 
furnish for the city’s business, and without charge and 
with exchange service so long as exchange is maintained 
hereunder, one telephone is maintained at the Mayor’s 
office. 

Sec. 6. This ordinance shall take effect from and 
after, its passage and the unconditional acceptance there- 
of filed in writing in the office of the City Clerk by said 
company. 

Acceptance filed March 2nd, 1898. 


466 CHARTER AND ORDINANCES 

SOUTHWESTERN TELEGRAPH AND TELEPHONE 
COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the right to erect and maintain tele- 
phone poles and wires upon public streets in said city is 
hereby granted to the Southwestern Telegraph and Tele- 
phone Company, its successors and assigns, also such nec- 
essary fixtures, necessary and convenient for the pur- 
pose of supplying to the citizens of said city, and the pub- 
lic communication by telephone or other electrical device 
for telephone purposes, all such right and use, to be and 
continue unon the conditions herein stated. 

Sec. 2. The location of the poles or any changes or 
extensions thereof shall be done under the direction of 
the Committee on Streets and Bridges of the said City 
Council. 

Sec. 3. Said poles and wires shall be placed and main- 
tained so as not to interfere with travel on said highways 
and said company shall hold said city free and harmless 
from all damages arising by reason of any abuse or negli- 
gence in said occupancy. Said poles shall be so placed 
so as not to interfere with the flow of water in any sewer, 
gas pipe, drain or gutter, and in case of bringing to grade 
or changing grade of any street or alley, said poles, shall 
by said company, be reset so as to conform thereto. And 
this grant is made, and is to be enjoyed subject to all such 
reasonable regulations and ordinances of a police na- 
ture as said City Council may be authorized or see proper 
to at any time, adopt, not destructive of the rights herein 
granted. 

Sec. 4. The right of use here given shall not be ex- 
clusive, and the City Council reserves the power to grant 
like rights of use to others for similar uses, the same, 
however, not to interfere with the proper exercise of the 
privilege herein granted. 

Sec. 5. In further consideration whereof said South- 


CITY OP BEAUMONT 


467 


western Telegraph and Telephone Company shall agree 
to allow the city at any time to attach to any of said poles, 
on the upper arm, the city fire alarm wires or police 
lines, and said poles are made a municipal instrumental- 
ity for that purpose; provided, said attachments and said 
city use shall not be made or permitted as to interfere 
with the said company’s use, and said attachments shall 
be made and maintained under the direction of said com- 
pany’s manager in said city. The said company is to 
furnish for the city’s business, and without charge, and 
with exchange service, so long as an exchange is main- 
tained hereunder, one telephone at the Mayor’s office. 

Sec. 6. This ordinance shall take effect from and 
after its passage and the unconditional acceptance there- 
of filed in writing in the office of the City Clerk by said 
company. 

Acceptance filed March 2nd, 1898. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the right is hereby granted to the South- 
western Telegraph and Telephone Company, its succes- 
sors and assigns to construct underground conduits along 
and under all streets, alleys and public grounds of the 
City of Beaumont, and to place therein its wires and ca- 
bles, and connect such wires and cables so placed with 
its overhead telephone construction in said City of Beau- 
mont, and such other overhead construction as may from 
time to time be convenient and necessary for the purpose 
of operating its telephone system in said City of Beau- 
mont, and to maintain and operate the same so connected 
and placed for the term of twenty-five years from the 
date of the passage of this ordinance. 

Sec. 2. Said underground conduits shall be placed 
along such sides of said streets and alleys as may be pro- 
vided by the City Council. The said underground con- 
struction shall not be required to be done immediately, 
but parts of same shall be done from time to time during 
the term of this franchise at such times as in the opinion 


468 


CHARTER AND ORDINANCES. 


of the said Southwestern Telegraph and Telephone Com- 
pany the same may be necessary for the proper mainte- 
nance and operation of said company’s telephone plant 
and exchange in said city. 

The said conduits and wires shall be so placed and 
maintained as not to incommode travel in said highways 
after the same are constructed, and said telephone com- 
pany shall hold said city free from all damages that may 
be recovered against it by reason of any negligence on 
the part of said company in the construction, mainte- 
nance and operation of said telephone plant. 

The rights herein granted are not exclusive, but the 
City Council may grant similar rights to any person or 
corporation, at any time, provided such grants shall not 
interfere with the proper execution of the privileges here- 
in granted. 

Sec. 5. The said telephone company agrees to fur- 
nish the said City of Beaumont and the said City of Beau- 
mont hereby agrees to rent from the said telephone com- 
pany at least ten (10) telephones continually, to be con- 
nected with the said telephone company’s exchange in 
said office and placed in offices and buildings used by 
the said city, for the period of five years from the date of 
the passage of this ordinance, for which and for all other 
telephones furnished by the said telephone company to 
the said City of Beaumont, the said City of Beaumont 
shall pay to the said telephone company each month the 
same monthly charge as is made by said telephone com- 
pany to other patrons connected with said telephone com- 
pany’s exchange in said City of Beaumont for similar 
service. 

Sec. 6. In consideration of this grant the said South- 
western Telegraph and Telephone Company shall place 
one duct in said conduits for the use of said city in plac- 
ing its fire alarm or police wires, provided that no high 
potential wires or lights or power wires shall ever be 
placed in said duct. And as further consideration of this 
grant, said company shall pay to said city the sum of 
three hundred and fifty ($350.00) dollars per year, pay- 


CITY OF BEAUMONT. 


469 


able on the first day of January in each and every year 
during the life of this franchise. 

Sec. 7. -This ordinance shall take effect and be in 
force from and after its passage and filing by said com- 
pany of an unconditional written acceptance of the terms 

of this franchise in the office of the City Secrtary of said 
city. 

Passed this 3rd day of May, 1910. 

W ritten acceptance. 

Dallas, Texas, May 9th, 1910. 

To the City of Beaumont, Texas: 

The undersigned, the Southwestern Telegraph and 
Telephone Company, does hereby unconditionally accept 
the terms of that certain ordinance, entitled: 

4 4 An ordinance, granting the Southwestern Telegraph 
and Telephone Company the right to construct under- 
ground conduits in the streets, alleys and public grounds 
of the City of Beaumont, and to place its wires, cables 
and conductors in the same, and to connect the same with 
its overhead telephone construction in said city, and to 
operate and maintain the same so placed and so connected 
for the term of twenty-five years. ” 

Said ordinance having been passed by the City Coun- 
cil of the City of Beaumont, on the 3rd day of May, 1910, 
and being an ordinance granting a franchise to the said 
The Southwestern Telegraph and Telephone Company 
as indicated in the title thereof hereinabove quoted. 

Very respectfully, 

The Southwestern Telegraph and Telephone 
Company. 

By J. E. Farnsworth, 
Vice-Pres. and General Mgr. 


470 


CHARTER AND ORDINANCES 
CHAPTER XIII. 


POSTAL TELEGRAPH AND CABLE COMPANY OF 
TEXAS. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the right is hereby granted to the Pos- 
tal Telegraph and Cable Company of Texas, its succes- 
sors and assigns, to construct, operate and maintain its 
lines of telegraph poles and wires, fixtures and appurte- 
nances upon, along and over the streets and alleys and 
public ways of the City of Beaumont, subject to the laws 
and ordinances now in force, regulating the construction 
and maintenance of such lines of poles and wires. 

Sec. 2. That said line of poles and wires shall be so 
erected and maintained as not to obstruct the travel upon 
said streets, nor interfere wiih the flow of water in any 
pipe, drain, ditch or culvert, and in the event of change 
of grade, or bringing to grade, any of the streets, alleys or 
public ways, said poles shall by said company be so chang- 
ed or set, at its own expense, as to conform thereto and 
said company shall have and hold said city free and harm- 
less from all or any damages arising from ar caused by 
the construction or maintenance of said line of poles and 
wires; and the acceptance by said company of the terms 
and provisions of this ordinance shall bind said company 
to submit to and comply with all reasonable regulations 
which may hereafter be imposed by said cit> 

Sec. 3. That this grant shall not be exclude, and 
the city reserves the right to grant like rights of us^ of 
public streets to others for similar uses; provided, that 
such uses shall not prevent or interfere with the proper 
exercise of the rights and privileges herein granted. 

Sec. 4. That the location of said poles shall be under 
the direction of the Street and Bridge Committee and 
City Engineer, subject to the approval of the City Coun- 
cil. 


CITY OF BEAUMONT 


471 


Sec. 5. The construction and erection ol j bd lii.3 of 
poles and wires within said city shall he commenced with- 
in three months of the passage of this ordinance, and 
shall he completed within six months from that date. Up- 
on failure of said company to comply with these require- 
ments, or with any other requirements of this ordinance, 
all its rights hereunder shall be forfeited and said city 
shall have the right by ordinance to declare this contract 
annulled. 

Sec. 6. In consideration whereof, the said City of 
Beaumont may have the right to use as much of the upper 
cross-arm of said poles as may be necessary for its fire 
alarm and police telegraph wires; provided, that said 
city’s use of said poles shall not he so made or continued 
as to in any manner obstruct or interfere with the use of 
said poles by said telegraph company, and all work of 
placing wires or fixtures of said city upon said poles shall 
be done under the direction of the Telegraph company’s 
manager in said city. 

Sec. 7. That this ordinance shall take effect and be 
in force from and after its passage and approval and fil- 
ing by said telegraph company of its unconditional ac- 
ceptance of the term thereof. 


472 


CHARTER AND ORDINANCES. 
CHAPTER XIV. 

S. H. VAN WORMER AND OTHERS. 


BEAUMONT TELEPHONE COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the grant and privilege he and the same 
is hereby given and granted by the City of Beaumont, 
Texas, to S. H. Van Wormer, M. D. Shaw, W. H. Aldridge 
and 0. L. Brailey, their associates and assigns and to a 
corporation which they may hereafter organize to be 
called 4 ‘The Beanmont Telephone Company ” to build, 
erect and maintain for twenty-five (25) years after the 
passage of this ordinance, a system of telephones of tele- 
phone exchange in the city of Beaumont, Texas, and sub- 
ject to the rights, conditions and terms hereinafter ex- 
pressed for the purpose of supplying and furnishing the 
citizens and public at large, service and communication 
by telephone and to that end, erect and maintain poles 
and stretch wires upon the streets and alleys of the City 
of Beaumont, Texas. 

Sec. 2. All poles shall be located in such places and 
be of such height and dimensions as may be directed by 
the Street Commissioner or the Chairman of the Street 
Committee of the City Council. 

Sec. 3. Said poles and wires shall be placed and 
maintained so as not to interfere with the travel on said 
streets and highways of the City of Beaumont, Texas and 
said S. H. Van Wormer, W. H. Aldridge, M. D. Shaw and 


CITY OP BEAUMONT. 


473 


0. L. Brailey, their associates and assigns shall hold said 
city free and harmless from all damages arising by rea- 
son of their erection and maintenance of said poles or 
wires upon the streets, alleys or highways of the city. 
Said poles shall he so placed as not to interfere with the 
flow of water in any sewer, gas pipe or drain or gulley 
and in case of making the grade or changing the lines 
or carves in any street or alley, said poles shall, by said 
company, be reset so as to conform thereto. And this 
grant is made and to be enjoyed subject to all ordinances 
or laws of the City of Beaumont, in force, to all reasonable 
regulations and ordinances of a police nature as said city 
or its City Council will be authorized and see proper to 
adopt. 

Sec. 4. The rights to use, herein given, shall not be 
exclusive and the City Council reserves the power to 
grant like right or use to others for similar uses, the same, 
however, not to interfere with the proper exercise of the 
privileges herein granted. 

Sec. 5. This grant and privilege is conditioned as 
follows: 

Said grantees, their associates and assigns, shall, 
within one month from the passage of this ordinance, in- 
corporate said enterprise under the laws of the State of 
Texas, and the main office of which corporation shall be 
and remain for twenty-five years next after such incor- 
poration in the City of Beaumont, Texas, and said gran- 
tees, their heirs and assigns, shall proceed with the build- 
ing and equipment of a system of telephones or telephone 
exchange and toll lines in the City of Beaumont, Texas, 
with reasonable and fair dispatch and, in the erection and 
building thereof, employ Beaumont laboring men as far 
as practicable for expert and non-expert labor, and fur- 
ther consideration, that all wires, located inthe business 
center of the city on two principal streets, that the Chair- 
man of the Committee on Streets may designate, not ex- 
ceeding one-half mile on each street, shall be conveyed in 
underground conduits and such other portion of such ex- 
change as the City Council, may from time to time, re- 


474 


CHARTER AND ORDINANCES 


quire shall be put underground upon six months’ notice, 
and further conditioned that said grantees, their associ- 
ates and assigns, shall furnish the citizens and inhabi- 
tants, corporations or business firms of the City of Beau- 
mont, telephone connections with their systems and full 
telephone service at a rate not to exceed three ($3.00) 
dollars per month rental for each telephone in business 
places and offices, and not to exceed two (2.00) dollars 
per month for each telephone in residences, payable 
quarterly or monthly in advance at the discretion of the 
subscriber, all telephones to be long distance telephones 
with full metallic circuit. 

Said grantees, their associates and assigns, in consid- 
eration of the said city using the same shall provide, at 
the expense of the said grantees, their associates and 
assigns, for the free use of the police and fire alarm 
system in the said city, the two inside pins of the top cross 
arm of any pole route, provided that said wire shall not 
be used for the transfer of electrical current of such char- 
acter or in such manner as to impair the efficiency of the 
wire of the telephone company. The said grantee, their 
associates and assigns, in consideration of the city using 
the same, shall furnish the City of Beaumont, six ’phones 
free of charge for the use of the city and the fire alarm 
stations as the Council may direct, telephone connections 
with said exchange for and during the period of twenty- 
five years and will rent any further telephones needed by 
the city at the rate of two ($2.00) dollars per month. 

And further provided, that the said grantees, their 
associates and assigns, shall within three months from 

the passage of this ordinance proceed with the work of 
constructing said telephone plant; and further condi- 
tioned, that said telephone system or plant shall be com- 
plete and ready for operation within eighteen (18) 
months after the final passage of this ordinance, unless 
retarded by great stress of weather or other unavoidable 
delay. 

Sec. 6. Said S. H. Van Wormer, W. H. Aldridge, 
M. D. Shaw, and O. L. Brailey, their associates and as- 


CITY OF BEAUMONT 


475 


signs, by accepting under this grant, expressly agree that 
beginning with the expiration of eighteen months, they 
will at all times, during the remainder of said twenty- 
five years, operate and maintain said telephone line, ex- 
change and system in first class order and furnish good 
service to the patrons. 

Sec. 7. Said &. H. Van Wormer, M. D. Shaw, W. H. 
Aldridge and 0. L. Brailey, their associates and assigns, 
shall agree upon accepting the grant, under this ordi- 
nance, that they will pay tax upon the reasonable value 
of this franchise and shall signify their acceptance of 
this grant and agreement to the provisions thereof by an 
instrument of writing distinctly setting forth said ac- 
ceptance and agreement, which instrument of writing 
shall be attached to this ordinance and made a part of 
the records as such. 

Approved this lOtli day of May, 1901. 


476 CHARTER AND ORDINANCES 

CHAPTER XV. 

BEAUMONT WATER WORKS COMPANY. 

Contract for Lease of Water Works. 

THE STATE OF TEXAS, 

County of Jefferson. 

This agreement made this, the 3rd day of July, 1888, 
between the City of Beaumont, o'f said County and State, 
party of the first part, acting by and through its Mayor 
and Board of Aldermen, and Thomas and Gorman, a firm 
composed of W. E. Thomas and 0. J. Gorman, witnesseth: 

That the said City of Beaumont, party of the first 
part, has agreed to let, and hereby does let, to the said 
Thomas and Gorman, party of the second part, and the 
said party of the second part has agreed to take, and does 
hereby take, from the party of the first part, the plant 
known as the Beaumont Water Works, a system of wa- 
ter works recently built and erected within the corporate 
limits of the City of Beaumont, together with all build- 
ings and appliances, tools, implements and machinery 
and the half lot of ground whereon is erected the stand 
pipe and engine house, together with any and every thing 
that belongs to or is a part of said water works system, 
for a term of thirty (30) years, to commence on the 3rd 
day of July, 1888, and to end on the 3rd day of July, 1918. 

The said party of the second part, as rental for said 
water works, do hereby agree and bind themselves that 
they, or their assigns, as hereinafter provided, shall fur- 
nish the said City of Beaumont free of charge or expense 
to said city, for the full term of this lease, to-wit: thirty 
years, water for one drinking fountain to be erected and 
placed by said city; water for the city hall, and for any 
public school building (connections to be made by said 
city) and for fire protection, and for flushing gutters and 
sewers, as the sanitary conditions of said city may from 
time to time require— all within the limits of said city. 
Fire hydrants to the extent of sixty (60) in number, forty- 
two of which are now erected, the remaining eighteen to 


CITY OF BEAUMONT 


477 


be hereafter erected at the expense of the city, unless 
otherwise mutually agreed, at such times and place as 
the city may determine; provided, however, that said 
city shall have the entire control of the location of said 
hydrants of said water works system, and may change 
the location and situation of any or all of them 
at ' its own expense so as to fully meet 
the needs and requirements of said city for 
the use and purposes above named; provided, further, 
that all of said hydrants shall be located within the limits 
of the city, and provided further, that nothing in this 
contract shall be construed as prohibiting either party 
hereto making such additional hydrants, extensions of 
mains or other fixtures necessary to best fulfill the ob- 
ject and design of said water works, and to meet the 
growth and want of said city — all of said additions and 
extensions being, however, at the option of and under 
the management and control of said city. It is, however, 
agreed and understood that all additional hydrants over 
and above the sixty herein named, erected and placed 
within said city limits, shall be subject to the following 
conditions, to-wit: That one of such additional hydrants 
shall be placed on every three hundred and sixty feet of 
main pipe. That if said extensions of main and hydrants 
are made at the expense of said city, then said city, party 
of the first part, is to pay said party of the second part 
for each said additional hydrants, the sum of twenty dol- 
lars per annum from the date of erection to the expira- 
tion of this lease. That if said extensions of main and 
hydrants are made at the expense of said party of the 
second part, then said city, party of the first part, is to 
pay to said party of the second part for each of said addi- 
tional hydrants, so placed and erected by said party of the 
second part, the sum of sixty ($60.00) dollars per annum 
from the date of erection to the expiration of this lease. 

It is further understood that all extensions or addi- 
tions so made by the party of the second part shall be pur- 
chased and paid for by said city at the expiration of this 
lease at their then valuation to be derived at by disinter- 
ested parties. Said parties of the second part, as further 


478 


CHARTER AND ORDINANCES 


consideration for the ]ease of said water works, agree that 
they will keep in the stand pipe thereof water to the 
height of one hundred feet, or in lieu thereof, and when 
the water in said stand pipe is less than one hundred feet in 
height, to maintain a pressure of not less than sixty (60) 
pounds direct from the pumps upon the mains, unavoid- 
able accidents only excepted. Said parties of the second 
part further agree and bind themselves to enter into bond 
in the sum of three thousand dollars, with two or more 
good and acceptable sureties, payable to the City of Beau- 
mont, conditioned that they will keep said system of wa- 
ter works in first class working condition and repair; 
that they will regulate their water rating in accordance 
with the schedule of maximum rates of charges, to be 
agreed upon and adopted by the City Council from time 
to time, as the city may see fit to change and alter same, 
and at the expiration of the term of this lease, to surren- 
der said system of water works to the city in as good con- 
dition as when received, reasonable wear and tear only 
excepted. 

It is further agreed that said parties of the second 
part have entire control and management of all buildings, 
appliances, tools, implements and machinery, and the 
mains and hydrants of said water works system, provided 
that the City of Beaumont, by its officers appointed for 
that purpose shall have the right to open hydrants and 
draw water for the public purposes above named, to-wit : 
To extinguish fire, flush gutters and sewers, for the pur- 
poses of test and exercise of the fire department, and that 
the rights of the city to use said works for the purposes 
above named shall in no way be restricted and limited; 
provided, that the quantity of water so used or drawn 
shall not exceed the normal capacity of said works. It 
is further agreed and understood that said water works 
system is not to be sub-let, nor this lease transferred, ex- 
cept by resolution of the City Council, entered upon the 
minutes and passed at a regular meeting. 

And said parties of the second part agree that they 
will keep said system of water works in first class work- 


CITY OF BEAUMONT 


479 


ing condition, and at the expiration of the term of this 
lease, to turn over the same in good condition as they 
now are, reasonable wear and tear only excepted. It is 
understood and agreed that in case said bonds of said 
parties of the second part should at any time become in- 
valid by reason of the insolvency of the sureties, or any 
other reason, that the city shall have the right to demand 
and require of said parties of the second part a new and 
additional bond. 

It is further agreed that any and all disputes arising 
between said city and said Thomas and Gorman and their 
assigns, shall be referred to a board of arbitration and 
disinterested parties. And if said party of the second 
part shall at any time default in any of the conditions of 
this contract, the same shall, at the option of the said 
City of Beaumont, be void, and the city shall have the 
right to re-enter and take possession of said system of 
water works, subject to payment by said city to Thomas 
and Gorman, or their assigns, for all extensions made by 
them as aforesaid. 

This contract is made in conformity with an agree- 
ment to lease said water works, made on the 12th day 
of July, A. D. 1888, by the City Council with Thomas 
and Gorman. 

Witness said City of Beaumont, by A. S. John, Mayor, 
with corporate seal attached, and by said Thomas and 
German, this 3rd day of July, A. D. 1888. 

CITY OF BEAUMONT, 

By A. S. John, Mayor. 
THOMAS AND GORMAN, 

Per 0. J. Gorman. 

THE STATE OF TEAXS, 

County of Jefferson. 

Before me, W. A. Ives, a Justice of the Peace and 
ex-officio Notary Public, on this day personally appeared 
A. S. John and 6. J. Gorman, known to me to be the per- 
sons whose names are subscribed to the foregoing instru- 
ment, and each acknowledged to me that they had exe- 
cuted the same for the purposes and considerations there- 


480 CHARTER AND ORDINANCES 

in expressed. 

Given under my hand and seal of office, this 3rd day 
of July, 1888. 

SEAL. W. A. IVES, 

Justice of the Peace, Jefferson County. 

On August 7th, 1888, the following petition was 
granted, to-wit: The petition of Messrs. Thomas and 
Gorman for the privilege of transferring their lease of 
the water works to the Beaumont Ice, Light and Refrig- 
erating Company, presented and on motion it was resolved 
that petition be granted, and that Messrs. Thomas and 
Gorman, lesses of the Beaumont Water works system, 
are hereby authorized and empowered, and by this res- 
olution are granted the privilege of transferring the said 
lease to the Beaumont Ice, Light and Refrigerating Com- 
pany and that upon the said Beaumont Ice, Light 
and Refrigerating Company accepting said trans- 
fer and executing the bond required in said 
lease contract, that said Thomas and Gorman be released 
from all responsibility on said lease. Motion carried. 

THE STATE OF TEAXS, 

County of Jefefrson. 

Know all men by these presents, that we, the Beau- 
mont Ice, Light and Refrigerating Company, as princi- 
pal, and Thomas and Gorman, J. W. Keith, and J. A. 
Gilder, as sureties, are held and firmly bound to pay to 
the City of Beaumont, the sum of three thousand dollars, 
to the payment of which, well and truly made, we bind 
ourselves, our successors, heirs and administrators. The 
Conditions of the above bond is such that if the said 
Beaumont Ice, Light and Refrigerating Company, les- 
sees of the system of the water works of the City of Beau- 
mont, by virtue of a transfer made on the 14th day of 
August, A. D. 1889, of a lease contract entered into by the 
City of Beaumont and Messrs. Thomas and Gorman to 
said Beaumont Ice, Light and Refrigerating Company, 
will keep said system of water works in first class condi- 
tion and repair ; that they will regulate their water ra- 
ting in accordance with schedule maximum rates of 


CITY OF BEAUMONT 


481 


charges, to be agreed upon and adopted by the City Coun- 
cil from time to time, as said city may see fit to change 
and alter same, and at the expiration of their time of, 
on, to-wit: the 3rd day of July, A. D. 1918, to surrender 
said system of water works to said city in as good condi- 
tion as when received, reasonable wear and tear only 
excepted. 

Witness our hands this the 14th day of August, A. 
D. 1339. 

BEAUMONT ICE, LIGHT AND REFRIGER- 
TING COMPANY. 

L. P. Ogden, Vice-Pres. 
THOMAS AND GORMAN, 

By 0. J. Gorman. 
J. W. KEITH, 

0. J. GILDER, 

ATTEST: 

t \ J. Gorman, Secretary. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Beaumont Water Company, its succes- 
sorsand assigns are hereby granted the right and franchise 
to lay, construct and maintain water mains and pipes, 
and the necessary connections therewith, in, along, 
through and under the streets of Beaumont and to erect 
within the city limits all necessary stand pipes and reser- 
voirs for storage water; and to erect and maintain all 
pumps, pumping station, filtering plants, hydrants and 
other appliances required for the proper conduct and 
carrying on of the business of furnishing and supplying 
water to the public and inhabitants of the City of Beau- 
mont, Texas. 

Sec. 2. The Beaumont Water Company, its succes- 
sors and assigns are hereby required to furnish the 
water as aforesaid either from the stream known as Vil- 
lage Creek, a fresh water stream tributary to the Neches 
River in Hardin County, Texas, or from the Neches Riv- 


482 


CHARTER AND ORDINANCES 


er from a point above the City of Beaumont, Texas, at 
or near the canal known as the Reliance Canal on said 
Neches River, or from some other point on said river 
further np the same; or from artesian wells to be sunk 
for the purpose of obtaining pure, fresh water, as may be 
determined by the owners of said franchise; and for the 
purpose of taking np and supplying said water, the own- 
ers of this franchise are permitted to establish their 
pumping station at such other parts of the water plant 
as may be required, at a point in the City of Beaumont, 
at or near the Reliance Mill plant, or such other conven- 
ient place as may be required from time to time for said 
purposes, provided that the source of water supply shall 
never be located at a point on the river below the Reliance 
Canal. 

Sec. 3. Said company, its successors and assigns, in 
the laying and constructing of their mains, pipes, pumps, 
pumping stations, connections, hydrants, etc., shall not 
in any manner interfere with or injure the pipes, mains, 
stand pipes, pumps or pumping stations of the water 
works known as the old original system belonging to 
the City of Beaumont ; and shall lay their pipes and mains 
and all parts of the water system that may be constructed 
in the streets and alleys in the City of Beaumont, in a 
workmanlike manner in accordance with the ordinances 
of the City of Beaumont and under the direction of its 
Street and Bridge Committee; provided, that this shall 
not affect or otherwise disturb that portion of the sys- 
tem that has heretofore been constructed under existing 
or former franchises, rules or ordinances. 

Sec. 4. This company, its successors and assigns, 
owning this franchise shall have the right to connect 
their mains and pipes with any house within this city 
when contracted with to do so; and shall have the right 
to collect such rates as compensation for water furnished 
patrons within this city, as may be agreed upon between 
them and their patrons, subject to the limitations pre- 
scribed in Section 6 hereof. 

Sec. 5. The said Beaumont Water Company, its 


CITY OF BEAUMONT 


483 


successors and assigns, as owner of this franchise, shall 
have the right to establish and maintain within the City 
of Beaumont, natatoriums, bathing pools, and public 
baths, under such rules and regulations as the City of 
Beaumont may provide by ordinance. 

Sec. 6. During the life of this franchise, the rate 
charged by said company, its successors and assigns, for 
water to private consumers shall not exceed fifteen (15) 
cents per thousand gallons where meters are used, and 
where meters are not installed and used, flat rates shall 
be charged not to exceed the following, to-wit, the rates 
set out in Schedule “A” hereto attached and made a 
part thereof. 

SCHEDULE A. No 1. 

Rates for Dwellings. 

Chg. per Quarter 


One plain bibb only for private residence. 

Family of five or less $2.00 

Ditto, family of over five 2.25 

If used for family laundry, add 25 

One water closet when there are no other fixtures . . 2.00 

One bath tub when there are no other fixtures 2.50 

One kitchen sink when there are no other fixtures . 2.00 

One wash basin when there are no other fixtures. . 2.00 

One water closet with one sink or with one wash 

basin or with one plain bibb 2.00 

One bath tub with any of the above 3.00 

For each additional water closet 50 

For each additional sink 25 

For each additional wash basin 25 

For each additional plain bibb 25 

For each additional bath tub 75 


Sprinkling Lawns, Etc. 

When two or more fixtures are used, no charge for wa- 
tering flowers by hand without hose No Charge 

Lawn sprinklers and hose not held in hand — when in use 
will be charged at fountain rates. 


484 CHARTER AND ORDINANCES 

Fountain Rates. Special or Meter. 

Lawns under 1000 sq. ft., hose in hand $ .50 

Lawns 1000 sq. ft. to 2000 sq. ft., hose in hand. . . .75 

Lawns 2000 sq. ft. to 3000 sq. ft., hose in hand 1.00 

Lawns 4000 sq. ft. to 6000 sq. ft., hose in hand. . . . 1.50 

Where quarterly bill is over $4.00 a reduction of 50 per 
cent on above charge for sprinkling will be made. 

Private Stables. 

One horse, including hydrant for carriage $ .50 

Two horses, including hydrant for carriage 75 

Each additional horse 25 

Cows each .25 

Where there is no hose connection about the prem- 
ises, each horse 25 

Each cow 25 

Boarding House and Apartment House Rates. 

First plain bibb or sink $2.00 

For each boarder or lodger 25 

One bath tub, there being no other fixture in the 

house 2.50 

Bath tub each with other fixtures 1.50 

Water closets with other fixtures 1.00 

Wash basin each with other fixtures, self closing. . .75 
Wash basin each with other fixtures not self closing .75 

Urinals with other fixtures 1.25 

Laundry tubs with other fixtures 50 

Hot water No charge 

Hotels. 

Each boarder or lodger 25 

Plain bibb or sink 2.00 

Bath tubs attached to private rooms 75 

Bath tub, others 3.00 

Water closets, each, attached to private rooms 50 

Water closets, each, others 2.50 

Wash basins in or attached to self-closing faucets, 

private rooms 25 

Wash basins in or attached to non-self -closing fau- 
cets, private rooms 50 

Wash basins, others, self-closing faucets 75 


CITY OF BEAUMONT. 485 

Wash basins, others, not self-closing faucets 1.00 

Urinals in or attached to private rooms 50 

Urinals, others 2.50 

Laundries Special or Meter. 

Hot water No Charge 

Business Buildings. 

One In- One Out- 
side Con- side Con- 
nection nection 
Quarterly Quarterly 

Under 25 ft $3.00 $3.00 

25 ft. to 50 ft. 3.50 3.50 

50 ft. to 75 ft. 4.00 3.50 

75 ft, to 100 ft 4.25 3.75 

Additional bibbs, each .75 

Water closets, five employees or less 3.00 

Water clo sets, each additional five employees 50 

Urinals when other fixtures are used, five em- 
ployees or less 2.00 

Drug Stores. 

Water closets and urinals Same as Stores. 

Soda fountain and sinks Special or Meter. 

Barber Shops. 

Water closets and urinals Same as Stores. 

Bath, wash basins, water motors, etc. . .Special or Meter 

Fountains Special or Meter 

Factories Special or Meter 

Laundries Special or Meter 

Saloons Special or Meter 

Restaurants Special or Meter 

Club Houses Special or Meter 

Livery Stables ........ ^ Special or Meter 

Green Houses Special or Houses 

Public Baths Special or Meter 

Other buildings not heretofore or hereafter speci- 
fied Special Meter 

Office Buildings. 

Office containing ten employees or less, having only 

one outside connection $3.00 


486 CHARTER AND ORDINANCES. 

All fixtures for use of building tenants 

Same as in Hotels 

Special fixtures for use in of lice Same as in Stores 

Charge for shutting off or turning on water 50 

Minimum charge where meters are used 2.25 

Wherever flat rates are charged, and consumer is 
dissatisfied, he shall have the right to put in a meter, at 
his own expense and take meter rates, and if the Water 
Company is dissatisfied with flat rates it shall have the 
right to put in meter at its own expense, and charge me- 
ter rates. 

Extra charge for the wilful neglect or waste of water, 
the same to be determined by the City Council. 

All urinals must be provided with self closing fau- 
cets, and all closets must have tanks with self closing 
cocks. 

Each residence, store or other building using water, 
must have independent shut off cock controlling same 
without affecting supply to other buildings. 

Sec. 6a. That the mains are to be extended from time 
to time into new territory, as directed by the City Coun- 
cil ; provided that the city may be required to pay for one 
hydrant in every seven hundred feet of extensions made 
under the directions of the City Council, and provided 
that the total extensions so directed shall not exceed the 
sum of Five Thousand Dollars for any one year after the 
first year from passage hereof. 

Sec. 7. The Beaumont Water Company, its succes- 
sors and assigns, shall maintain a domestic pressure of not 
less than forty-five pounds and a fire pressure of not less 
than sixty pounds to the square inch, to be tested by the 
city at the Central Fire Station, unavoidable accidents 
only excepted ; and shall furnish an ample supply of good 
and wholesome drinking water; and the city shall have 
the right at all times, through its accredited agents, to 
inspect and analyze the water furnished to ascertain 
whether or not it is good and wholesome for drinking 
purposes. 


CITY OF BEAUMONT. 


487 


Sec. 8. Said company, its successors and assigns, 
shall during the life of this franchise furnish to the City 
of Beaumont, free of charge, one hundred fire hydrants, 
water for six drinking fountains for the public, and free 
water for the City Hall and the public school buildings in 
the City of Beaumont, and for flushing sewers; also for 
police station and city stable; provided, that the city 
shall pay for all hydrants over and above the one hundred 
free hydrants at the rate of Forty-five ($45.00) per an- 
num per hydrant for the first additional two hundred and 
fifty; and at the rate of forty ($40.00) dollars per annum 
per hydrant for the next additional two hundred hy- 
drants; and at the rate of thirty ($30.00) dollars per an- 
num per hydrant over and above said numbers ; provided 
further, that the city shall from time to time designate 
all said city hydrants, both the said one hundred free 
hydrants and those to be paid for by the city; and pro- 
vided further, that the said one hundred free hydrants 
required of the Beaumont Water Company, its successors 
and assigns, either under franchise held by it or by rea- 
son of the lease known as the Thomas and Gorman lease 
now held by it. Provided, that twenty-five hydrants 
shall be six-inch base, hydrants to be four or six way 
(one of which shall be steamer connection) and shall be 
placed in the Business District not more than 350 feet 
apart where designated by the City Council; provided, 
that all other hydrants herein referred to shall be fire 
hydrants with not less than four inch base and shall have 
one steamer connection and two 2 1-2 inch hose con- 
nections. 

Provided, that the free flushing shall not exceed more 
than an average of 14 hours per week or two hours per 
day, with a 2 1-2 inch hose; and all water over that for 
flushing purposes shall be paid for at the rate of 5 cents 
per thousand gallons. 

Sec. 9. Should the Beaumont Water Company, its 
successors and assigns, decide to exclusively control the 
tapping of its mains, charges therefor shall be regulated 
by the City Council. 


488 


CHARTER AND ORDINANCES. 


Sec. 10. The main or pipe connecting the river with 
the pumping plant shall be at least 24 inches in diameter, 
or the equivalent thereof, and the pumping machinery 
and boilers and suction pipes shall be in duplicate; the 
main from the pumping station to the center of distribu- 
tion shall be 24 inches in diameter or the equivalent there- 
of; and the mains hereafter constructed in the business 
portion of the City of Beaumont shall be at least ten 
inches in diameter and those hereafter constructed in the 
residence section of the city shall be at least (> inches in 
diameter, except where the mains are to be used exclusive- 
ly for domestic purposes. 

Sec. 11. The terms and obligations of the existiing 
lease known as the lease from the city to Thomas and 
Gorman now held through assignmtnts by the Beaumont 
Water Company, shall continue in force except as herein 
modified or where the same conflicts or is inconsistent 
with the provisions hereof; the following exceptions be- 
ing especially named, to-wit: 

1st. The number of free hydrants, as provided herein- 
before, to be furnished by the Beaumont Water Company, 
its successors and assigns, during the life of this fran- 
chise, shall be one hundred instead of sixty; and thd city 
shall pay for the next two hundred and fifty at the rate 
of $45.00 per annum per hydrant; for the next two hun- 
dred at the rate of $40.00 per annum per hydrant, and for 
all over this at the rate of thirty dollars per annum per 
hydrant; all city hydrants to be designated by the city 
from time to time, it being understood that the said one 
hundred free hydrants shall be the total number of free 
hydrants required of the said company, its successors and 
assigns, both under said lease and franchise held. 

2nd. The city shall not be required to purchase, nor 
said company to sell additions or extensions to the old 
water works system belonging to the city at the expira- 
tion of said Thomas and Gorman lease, which occurs on, 
to-wit, the third day of July, 1918, but such extension shall 
be subject to Section XII hereof. 


CITY OP BEAUMONT. 


489 


3rd. That all hydrants hereafter put in shall be put 
in at the expense of said company, its successors and as- 
signs, except that the city shall be required to pay for one 
hydrant in each seven hundred feet of extensions, re- 
quired by the City Council under Section VI A. 

4tli. The pressure shall be regulated by Section VII, 
hereof. 

5th. The rates shall be controlled by Section VI, 
hereof. 

Sec. 12. At the expiration of fifty (50) years from 
the passage hereof, the City of Beaumont shall have the 
option to buy the water plant of said company, its suc- 
cessors and assigns, and all rights, for seventy-five (75 
per cent) of the valuation thereof, which shall be deter- 
mined by two disinterested and competent persons, ex- 
perienced in such matters, one of whom is to be appointed 
by the City of Beaumont, and the other by said company, 
its successors and assigns, owning said water system. In 
case the two arbitrators thus appointed cannot agree, 
they shall select a third, and the decision of the ma 
jority of the said three arbitrators so chosen, shall be fi- 
nal and binding on all parties, provided that as regards 
that part of water system known as the old water system 
plant, and now owned by the city and held under what is 
known as the Thomas and Gorman lease, now owned by 
the Beaumont Water Company, the same shall be sur- 
rendered to the City of Beaumont on the third day of 
July, 1918,, in as good condition as when received, reason- 
able wear and tear deterioration only excepted. 

Sec. 13. During the last fifteen (15) years of this 
franchise no improvements shall be made on the water 
works system of the Beaumont Water Company, its suc- 
cessors and assigns, without the approval of the city; 
and at the expiration of fifty (50) years the w'hole plant, 
its rights, etc., to be turned over to the City of Beaumont, 
on the payment of seventy-five (75 per cent) per cent of 
the value thereof, to be arrived at in the manner pre- 
scribed in Section XII hereof. 

Sec. 14. That the Beaumont Water Company shall 
within sixty days from passage hereof actually begin the 


490 


CHARTER AND ORDINANCES. 


work of constructing its pumping station and filtering 
plant; said filtering plant to be of the approximate ca- 
pacity of three million gallons per day of twenty-four 
hours ; and shall complete the same within twelve months 
from the passage hereof, unavoidable accidents and de- 
lays only excepted; otherwise this franchise shall, at the 
option of the city be forfeited ; and the rights of the par- 
ties shall revert to the original status ; and the franchises 
surrendered by the water company revive and revert to it ; 
and be held by it just as though this ordinance has not been 
passed; and said company shall within thirty days from 
the date hereof file its written acceptance of this fran- 
chise and grant, and its surrender of present franchises 
held by it, to-wit: The franchise approved February 6th, 
1901, and all amendments thereto; and at its express 
agreement and consent to the modification of said Thomas 
and Gorman lease made by the terms hereof; otherwise 
this ordinance shall become null and void, and the rights 
of the parties shall revert to their original status, just 
as though this ordinance has not been passed. 

Provided, that nothing herein contained shall be con- 
strued so as to affect or impair claims, liens and rights 
held by third parties against the Beaumont Water Com- 
pany, or its property; but the same shall remain unim- 
paired and unprejudiced by anything herein contained. 
And such liens, claims and rights, as held against the 
franchises surrendered by said water company shall ex- 
ist against this as substituted therefor. 

That this ordinance take effect and go into force 
from and after its passage. 

Approved May 7th, 1904. 

ACCEPTANCE. 

TO THE CITY COUNCIL OF THE CITY OF BEAU- 
MONT: 

Gentlemen : 

Whereas, your honorable body heretofore, on to-wit, 


CITY OF BEAUMONT. 


491 


May 7th, 1904, passed and approved an ordinance grant- 
ing a franchise to the Beaumont Water Company in lieu 
of former franchises and made certain modifications in 
the lease executed on to-wit, July 3rd, 1888, to Thomas 
and Gorman, now held by the Beaumont Water Com- 
pany, and 

Whereas, under the terms of the said ordinance it 
was made the duty of the Beaumont Water Company to 
accept the provisions thereof within thirty days from the 
date of passage and to surrender former franchises, and 
to agree to modifications of the said lease, and 

Whereas, the Beaumont Water Company has, by res- 
olution duly passed by its board of directors and stock- 
holders, authorized the president of the said company to 
accept said franchise in lieu of its present franchise and 
to agree to the modifications aforesaid. 

Now, therefore, Know all men by these presents: 
That the Beaumont Water Company, a corporation or- 
ganized under the Laws of the State of Texas and having 
its principal office in the City of Beaumont, Texas, for 
and in consideration of the premises, and for and in con- 
sideration of the grant made by said ordinance passed 
on to-wit, May 7th, 1904, and then approved, does hereby 
accept the franchise, privileges and grants contained in 
said ordinance approved May 7th, 1904, in lieu of its 
former franchise and does hereby agree to the modifica- 
tion of said lease made by said ordinance approved May 
7th, 1904, and does hereby surrender the former fran- 
chise held by it, to-wit, a franchise evidenced by ordi- 
nance approved February 6th, 1901, and all amendments 
thereto. 

In testimony whereof witness the signature of the 
said corporation by its corporation seal. 

SEAL. BEAUMONT WATER COMANY, 

By I. D. Polk, President. 

ATTEST: 

W. C. Arnold, Asst. Secretary. 


492 


CHARTER AND ORDINANCES. 


CHAPTER XVI. 

BEAUMONT GAS COMPANY. 

HARRY POTTER et al 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the City of Beaumont does hereby grant 
to the grantees herein to-wit: Harry W. Potter, Frank 
W. Blackburn, E. V. Hayden, William Blair and Jo. 
Johnson, their heirs and assigns, a franchise for the pur- 
pose of laying, constructing and maintaining pipes of 
any good and suitable kind or description, in, over and 
through the streets, alleys and public grounds of said Ci- 
ty of Beaumont, for the conveyance of gas and oil, either 
or both, for any and all purposes and for the erection 
of gas works or the manufacture, transmitting and dis- 
tribution of fuel and illuminating gas, to within and 
through said city, with all mains, service pipes and ap- 
purtenances thereto, as may become necessary. 

Sec. 2. That said grantee, shall have the right to 
use any and all the streets and alleys and public grounds 
of the City of Beaumont, including all its territory here- 
after to be acquired for the purpose of laying pipes for 
the conveyance of gas and oil as aforesaid, for the full 
period of fifty years with the privilege of renewal on the 
terms and conditions herein prescribed. 

Sec. 3. That said grantee, shall have the right at any 
time, to connect with any pipes they shall have laid, so 
as to convey gas and oil, either or both, to any consump- 
tion or place of consumption thereof, as they may see 
proper. 

Sec. 4. That all pipes shall be laid so as to preserve 
street grades and their good condition, and said work 
shall be done under the direction or the approval of the 
Chairman of the Street and Bridge Committee or the 
City Engineer. 

Sec. 5. That for and in consideration of this fran- 
chise, the grantees agree to and shall furnish and trans- 


ERRATA 


Beginning- at line seventeen page 493, should read as follows: 

AN ORDINANCE. 

Recognizing the Beaumont Gas Company as the present owner of 
and confirming in it the right of the franchise heretofore granted to 
H. W. Potter, Frank W. Blackburn, E. V. Hayden, Joe Johnson and 
William Blair, by ordinance approved December 11, 1901, which ordi- 
nance granted to said parties, their heirs and assigns, the right to lay, 
construct and maintain gas and oil mains, laterals and service pipes 
over and through the streets, alleys and public grounds of the City of 
Beaumont and to further erect and maintain gas works and manu- 
facture and sell gas and so on, as fully set out in said ordinance; 
subject, however, to the conditions of said franchise as heretofore 
granted. 

Whereas, the Beaumont Gas Company has presented its petition 
showing transfers vesting in it title to the gas and oil pipe line 
franchise heretofore granted, a copy of which said petition and trans- 
fers attached are set forth hereinafter marked Exhibit “A.” 

And whereas, from said petition and transfers exhibited to the 
City Council, it appears that the Beaumont Gas Company i s the pres- 
ent owner of said franchise, now therefore, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 
BEAUMONT, TEXAS. 

Section 1. That the franchise heretofore granted by the City of 
Beaumont by ordinance approved December 11th, 1901, granting to 
Harry W. Potter, Frank W. Blackburn, E V. Hayden, W. M. Blain 
and Joe Johnson and their heirs and assigns, it being a franchise over 
the streets, alleys and public grounds of the City of Beaumont, for the 
purpose of laying, constructing and maintaining gas mains, oil mains, 
laterals and service pipes for the erecting and maintenance of gas 
works including all appurtenances and for the manufacture and sale 
of gas and for the sale of natural gas and oil, be and the same is 
hereby recognized as belonging to the Beaumont Gas Company in ac- 
cordance with transfers this day exhibited and the same is hereby 
confirmed in it, subject, however, to all conditions, obligations and 
duties set forth and fully defined in said ordinance. 

Sec. 2. That thi s ordinance shall be and the same is hereby passed 
without prejudice to the rights, if any, of other parties. 

Sec. 3. That this ordinance be in full force and effect from and 
after its passage. Approved Oct. 7th, 1902. 


t 





























•. • n 

■ 

. 





















CITY OF BEAUMONT. 


493 


mit for tlie use of the City of Beaumont, free of charge to 
said city, all the gas necessary for its use in its city hall, 
Police and Fire Department for heating and lighting pur- 
poses, for the full period of twenty years, provided the 
quantity of free gas required under this section, shall not 
exceed ten thousand cubic feet per month. 

Sec. 6. That said grantees, shall enter into bond to 
the City of Beaumont in the sum of one thousand dollars, 
conditioned that they shall in good faith, begin the sub- 
stantial construction of said gas plant, as in this fran- 
chise contemplated, before the 1st day of March, 1902, 
and that the same shall be in operation by September 
1st, 1902, unless prevented by strikes or other unavoidable 
hindrances. 

Sec. 7. That this ordinance be in full force and ef- 
fect from and after its passage. December 11th, 1901. 

AN ORDINANCE. 

Gas Company is the present owner of said franchise, now 
therefore, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

That the franchise heretofore granted by the City of 
Beaumont by ordinance approved Dec. 11th, 1901, grant- 
ing to Harry W. Potter, Frank W. Blackburn, E. V. Hay- 

Recognizing the Beaumont Gas Company as the pre- 
sent owner of and confirming in it the right of the fran- 
chise heretofore granted to H. W. Potter, Frank W. 
Blackburn, E. V. Hayden, Joe Johnson and William Blair, 
by ordinance approved December, 11, 1901, which ordinance 
granted to said parties, their heirs and assigns, the right 
to lay, construct and maintain gas and oil mains, laterals 
and service pipes over and through the streets, alley'- 
and public grounds of the City of Beaumont and to fur- 
ther erect and maintain gas works and manufacture and 
sell gas and so on, as fully set out in said ordinance; sub- 
ject, however, to the conditions of said franchise as here- 
tofore granted. 


494 


CHARTER AND ORDINANCES. 


Whereas, the Beaumont Gas Company has presented 
its petition, showing transfers vesting in it title to the 
gas and oil line franchise heretofore granted, a copy of 
which said petition and tranfers attached are set forth 
hereinafter and marked Exhibit “A.” 

And, whereas, from said petition and transfers ex- 
hibited to the City Council, it appears that the Beaumont 
den, W. M. Blain and Joe Johnson and their heirs and 
assigns, it being a franchise over the. streets, alleys and 
public grounds of the City of Beaumont, for the purpose 
of laying, constructing and maintaining gas mains, oil 
mains, laterals and service pipes for the erecting and 
maintaining of gas works including all appurtenances 
and for the manufacture and sale of gas and for the sale 
of natural gas and oil, be and the same is hereby recog- 
nized as belonging to the Beaumont Gas Company in ac- 
cordance with transfers this day exhibited and the same 
is hereby confirmed in it, subject however, to all condi- 
tions, obligations and duties set forth and fully defined 
in said ordinance. 

Sec. 2. That this ordinance shall be and the same is 
passed without prejudice to the rights, if any, of other 
parties, 

Sec. 3. That this ordinance be in full force and ef- 
fect from and after its passage. Approved Oct. 7th, 
.1902. 


CITY OF BEAUMONT. 
CHAPTER XVII. 


495 


HIGGINS OIL AND FUEL COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the City of Beaumont does hereby grant 
to the Higgins Oil and Fuel Company, a private corpora- 
tion, incorporated under the laws of the State of Texas, 
and to its successors and assigns, a franchise for the pur- 
pose of supplying gas and oil to the City of Beaumont 
and the right to lay, construct and maintain pipes of any 
size and description found necessary for the purpose of 
conveying gas or oil from any gas or oil wells as they may 
see proper, to and through the City of Beaumont, to be 
used for any and all purposes to which gas and oil can 
be applied or used. 

Sec. 2. It is further ordained, that the said Higgins 
Oil and Fuel Company, and its successors and assigns, 
shall have the right to use any and all of the streets and 
alleys and public grounds of the City of Beaumont, with- 
in its present corporate limits and all additions that may 
hereafter be taken into the city limits for the purpose of 
laying pipes for the conveying of gas and oil for the full 
period of fifty years on the terms and conditions follow- 
ing: 

Sec. 3. That the said Higgins Oil and Fuel Company, 
and its successors and assigns, shall have the right at any 
time to connect with any pipes that they shall have laid 
into any factories, business houses of all descriptions and 
of whatever kind or private houses that they may see 
proper, for the purpose of furnishing gas or oil for any 
purpose it may be used and that they shall have the right 
to charge a reasonable sum therefor. 

Sec. 4. That all pipes of any and every description 
laid shall be done under the direction and supervision of 
the Chairman of the Street and Bridge Committee and 
that said pipes shall be laid in all instances so as to pre 
serve street grades according to the ordinances of the 
city. 


496 


CHARTER AND ORDINANCES. 


Sec. 4a. The said Higgins Oil and Fuel Company, 
agrees and obligates itself to convey to the City of Beau- 
mont, oil free of charge for the period of one year, 
through its pipe line. 

Sec. 5. That this ordinance take effect and be in 
force from and after its passage and approval. 

Sec. 5a. That the said Higgins Oil and Fuel Com- 
pany, shall enter into bond in the penal sum of $500.00 
that they will begin active work within twenty (20) days 
after the passage of this ordinance. 

Approved this 13th day of May, 1901 

D. P. WHEAT, Mayor. 


CITY OF BEAUMONT. 
CHAPTER XVIII. 


497 


JOHN C. WARD AND OTHERS. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the City of Beaumont does hereby grant 
to John C. Ward, John N. Gilbert, W. Scott Heywood, 
Dewey Hey wood, S. W. Pipkin and J. F. Keith and to such 
other persons, firms or associations as may hereafter 
hereby granted the permission and privilege to locate, 
may organize for the purpose of supplying gas or oil to 
the City of Beaumont, the right to lay, construct and 
maintain pipes of any description found necessary for 
the purpose of conveying gas or oil from any gas or oil 
wells as they may see proper, to and through the City 
of Beaumont to be for any and all purposes to which 
gas or oil can be applied or used. 

Sec. 2. It is further ordained that the said John C. 
Ward, John N. Gilbert, W. Scott Hey wood, Dewey Hey- 
wood S. W. Pipkin, and J. F. Keith, shall have the right 
to use any and all the streets and alleys and public 
grounds in the City of Beaumont, within the present 
city limits and all additions that may hereafter be taken 
in the city limits for the purpose of laying pipes for the 
conveying gas and oil for the full period of fifty years on 
the terms and conditions herein prescribed. 

Sec. 3. Be it further ordained that the said Jno. C. 
Ward, Jno. N. Gilbert, W. Scott Heywood, Dewey Hey- 
wood, W. S. Pipkin and J. F. Keith or their assigns, shall 
have the right at any time to connect with any pipes that 
they shall have laid into any factories, business houses of 
all descriptions and of whatever land, or private houses 
that they may see proper, for the purpose of furnishing 
gas or oil for any purpose it may be used and that they 
shall have the right to charge a reasonable sum therefor. 

Sec. 4. Be it further ordained that all pipes of any 
and every description laid, shall be under the direction 
and supervision of the Chairman of the Street and Bridge 


498 


CHARTER AND ORDINANCES. 


Committee and that said pipes shall be laid in all in- 
stances so as to preserve street grades according to au- 
thorities of the city. 

Sec. 5. That this ordinance shall be in full force and 
effect from and after its passage. March 5th, 1901. 


CITY OF BEAUMONT. 


499 


CHAPTER XIX. 

GUSTAVE A. JAHN. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

That in consideration of public benefits already re- 
ceived and to be received and other valuable considera- 
tions, that the entire alleyway extending between lots 
numbe#ed 544, 545, 546, 547 and 548 on the west and lots 
numbered 549, 550, 551, 552 and 553 .on the east in Block 
numbered Three (3) according to the map of the old town 
of Beaumont, be and the same is hereby given, demised 
and granted to Gustave A. Jahn, his successors and as- 
signs, used and appropriated in connection with the abut- 
ting property as a site for a rice milling plant and its 
warehouses and appurtenances, so long as said property 
is used and occupied by said Jahn and his assigns for 
rice mill purposes. 

To have and to hold the said alleyway unto him the 
said Gustave A. Jahn, his hiers and assigns, as aforesaid. 

Appro’ved D. P. WHEAT, Mayor. 


500 


CHARTER AND ORDINANCES. 


CHAPTER XX.. 

J. M. GUFFEY PETROLEUM COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

The J. M. Guffey Petroleum Company is hereby given 
permission to build and maintain one iron storage tank, 
not to exceed five barrels in capacity for the purpose of 
storing gasoline to be used as fuel in the operation of its 
plant in the City of Beaumont, said iron storage tank 
shall be securely capped at both ends with steel caps and 
buried in the ground a depth of not less than three feet, 
and to be constructed of ten inch iron pipe; said tank 
shall be constructed and maintained on the property 
leased from the T. & N. 0. Railway Company upon a part 
of the right of way of said Railroad company, lying on 
the north of their main line just east of the Sabine ex- 
tension of said road, and, 

Whereas, it is the desire of the J. M. Guffey Company 
to begin immediate operation, therefore the rule requir- 
ing ordinances to be read on three several days is hereby 
suspended, and this ordinance is to take effect from and 
after its passage. November 15th, 1904. 


CITY OF BEAUMONT. 
CHAPTER XXI. 


501 


GULF REFINING COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

That the Gulf Refining Company, a corporation 
chartered under the laws of the State of Texas, and dom- 
iciled at or near Port Arthur in Jefferson County. Texas, 
is hereby granted permission to erect and maintain a 
distributing station in the western portion of the City of 
Beaumont, on land it has leased from the Texas and New 
Orleans Railroad Company, in the yard of the said rail- 
road company, for the purpose of storing and distributing 
its manufactured products to its customers. Said sta- 
tion to include two tanks of 300 barrels capacity, and 
suitable warehouse facilities, which tanks shall be sit- 
uated and built on brick or stone foundations and the 
tanks shall be constructed of iron or steel. The property 
on which the place where this permit is given is described 
as follows: Beginning at the southwest corner of a track 
of 5000 square feet, heretofore leased by this company to 
the J. M. Guffey Petroleum Company, which said point 
is 309 feet north of and at right angles from Engineer’s 
station 4294 plus 17.3 thence, eastwardly, parallel with 
the center line of the Texas and New Orleans Railroad 
Company’s main track and 309 feet therefrom at 50 feet 
to corner, thence northwardly, at right angles from said 
main line track, 50 feet to corner, thence southwardly 30 
feet to the place of beginning, containing 2500 square 
feet of land or 0.057 of an acre. 

Sec. 2. Be it further ordained, by the City Council 
that this ordinance shall not be construed in any way to 
affect or repeal the ordinance heretofore passed by the 
City Council of the City of Beaumont found and recorded 
on page 270 of Minute Book No. 1 of the ordinances of 
said city, the written book of ordinances, but. that the 
City Council having examined the above ordinance ap- 
proved the manner and method of establishing said stor- 
age tanks and thereby permits the same. December 15th, 
1905. 


502 


CHARTER AND ORDINANCES. 


CHAPTER XXII. 

SANITARY RECEPTACLE COMPANY. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the Sanitary Receptacle Company, in its 
own right and the right of its successors and assigns, is 
hereby granted permission and privilege to locate, 
operate and maintain sanitary trash receptacles on the 
outer edge of the sidewalks along the streets and inter- 
sections of streets in the City of Beaumont, not to exceed 
a total number of sixteen of such sanitary receptacles in 
and around one square block in the City of Beaumont, 
and the said receptacle when so located, on said blocks, 
shall be labeled “Police Protected’ ’ and be under tne 
police protection of the city in the same manner as the 
other public property. 

Sec. 2. That the said company shall have the ex- 
clusive right and privilege of placing commercial and 
industrial advertisement on said sanitary receptacle with 
paint in a neat and orderly manner, provided in no event, 
that said company shall place thereon any obscene or 
vulgar picture, or advertising matter of any objection- 
able nature whatever. 

Sec. 3. That in granting the rights and privileges 
to the Sanitary Receptacle Company to place, maintain 
and operate sanitary trash receptacles in the City of 
Beaumont, it is understood and agreed that the said le- 
ceptacles are to be for the exclusive use of the general 
public of the City of Beaumont in taking care of the trash 
and waste material which would otherwise be thrown 
on the streets and sidewalks; that said receptacle is in 
no way to take the place of or to interfere with the in- 
dividual trash cans already or that may hereafter be lo- 
cated on the streets of the City of Beaumont, except by 
special agreement entered into and made with the Sani- 
tary Receptacle Company by individual persons, firms 
or corporations using trash receptacles. 


CITY OF BEAUMONT. 


503 


Sec. 4. That said Sanitary Receptacle Company, its 
successors and assigns, shall fasten said sanitary trash 
receptacle to the sidewalk by iron bolts in a 'workman- 
like manner, and shall keep said receptacle in a neatly, 
cleanly condition at all times and cause the said recepta- 
cle to be emptied of their trash and the trash carried 
away at least once every two weeks, at its own ex- 
pense and shall observe such rules and regulations as 
may be adopted from time to time by said council regu- 
lating the use and operation of said sanitary trash re- 
ceptacle. 

Sec. 5. The rights, authorities and privileges here- 
by granted to the Sanitary Receptacle Company, its suc- 
cessors and assigns shall subsist and be vested in said 
company, its successors and assigns for a period of five 
years from the date of its final passage by the City Coun- 
cil and the approval of the Mayor. But the right to for- 
feit, cancel and annul this franchise by the City Council 
is expressly reserved whenever the privileges are dis- 
regarded or abused and it is deemed by the City Council 
to be to the best interests of the city to do so. 

Sec. 6. The Sanitary Receptacle Company, its suc- 
cessors and assigns, shall file with the City Secretary an 
instrument in writing accepting the terms of this fran- 
chise ordinance within thirty days after its final passage 
by the City Council and approval by the Mayor. 

Approved this the 5th day of May, A. D. 1909. 

LETTER OF ACCEPTANCE BY THE SANITARY RE- 
CEPTACLE COMPANY. 

Ft. Worth, Texas, May 25, 1909. 

Mr. J. G. Sutton, 

City Secretary, 

Beaumont, Texas. 

Dear Sir: 

We are in receipt of your favor of the 21st enclosing 
five year franchise to the Sanitary Receptacle Company. 
We hereby accept the terms and conditions of this fran- 
chise ordinance, as passed by the City Council May 5th, 


504 


CHARTER AND ORDINANCES. 


1909, and approved by the Mayor of the City of Beau- 
mont, May 5th, 1909. 

Trusting this will he satisfactory, and thanking you 
for calling our attention to the matter, we are, 

Very truly yours, 

SANITARY RECEPTACLE COMPANY, 

A. G. Carter, Secy and Treas. 


CITY OF BEAUMONT. 


505 


CHAPTER XXIII. 

TOM ROBINSON— PIPE LINE. 

AN ORDINANCE. 

Entitled an ordinance granting Tom Robinson, his 
heirs, /successors and assigns, the right and privilege of 
constructing an oil pipe line in and upon certain streets 
and alleys of the City of Beaumont, providing how said 
oil pipe line shall be laid and providing further for the 
giving of a bond to the City of Beaumont. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That the City of Beaumont does hereby grant 
to Tom Robinson of said city, a franchise for the purpose 
of laying and constructing an oil pipe line of the siz'e 
and description hereinafter set forth for the purpose of 
conveying oil to and through certain streets and alleys 
of the City of Beaumont. 

Sec. 2. The said oil pipe line shall be constructed 
from the intersection of Bowie and Neches Streets north- 
ward on Neches Street, across Crockett Street to the alley 
parallel with Crockett Street in Block 27 of the Van Wor- 
mer addition to the City of Beaumont; thence west down 
said alley across Trinity Street to near the center of 
Block 26 in said Van Wormer addition. The pipe used 
in said work shall not be less than (1 1-4) one and one- 
quarter inch pipe. 

Sec. 3. That all work done under this franchise shall 
be done under the direction and supervision of the City 
Engineer. 

Sec. 4. The grantee herein shall, before the construc- 
tion of said pipe line, give to the City of Beaumont a bond 
in the sum of $500.00 conditioned that all streets in which 


506 


CHARTER AND ORDINANCES. 


said oil pipe is laid shall be placed in as good condition 
as they wiere before said line was laid and also that all 
repairs necessary on said line shall be done at the ex- 
pense of the grantee herein, his heirs or assigns. 

The said bond above described shall be made each 
year. 

Sec. 5. The terms of this franchise shall be for five 
years. 

Sec. 6. If at any time the line constructed under 
this franchise shall become out of repair, the grantee 
shall place same in first class condition at once and if 
same is not done and he is notified by the Mayor or City 
Engineer that said work is out of repair and the grantee 
shall not place said line in good condition within five 
(5) days after receipt of such notice, all the rights and 
privileges herein granted shall become forfeited and the 
bond of $500.00 above metioned in Section 4 shall also 
become forfeited and due to the City of B'eaumont. 

Sec. 7. The grantee herein shall within twenty (20) 
days after the passage of this ordinance give his writ- 
ten acceptance to the City Council and also file the bond 
above mentioned. 

Sec. 8. This ordinance shall go into effect from and 
after its passage, approval by the Mayor and lawful pub- 
lication. 

Passed and adopted by the City Council, this the 6th 
day of December, A. D. 1910; and signed and approved 
by the Mayor this the 6th day of December A. D. 1910. 


Index to Franchises and Contracts 


Index to Franchises and Contracts 


B. 


Chapter Page 


Beaumont Gas Company 16 

Beaumont Ice Bight and Refrigerating Company 10 


Beaumont, Sour Bake and Western Railway Com- 
pany 2 

Beaumont Telephone Company (S. H. Van Wor- 

mer, et al) 11 

Beaumont Traction Company 11 

Beaumont Traction Company, (Jan. 3, 1911).... 11a 

Beaumont Water Works Company 15 

Beaumont Wharf and Terminal Company 7 


492 

430 

376 

472 

435 

437 

476 

406 


G. 

Gulf Beaumont & Kansas City Railway Com- 


pany 4 393 

Gulf, Coloado & Santa Fe Railway Company.. 3 389 

Gulf & Interstate Railway Company 5 394 

Guffey, J. M. Petroleum Company 20 500 

Gulf Refining Company 21 501 


H. 


Higgins Oil & Fuel Company 17 

J. 

Jahn, Gustave A 19 

N 

Neches Bumber Company 9 


P. 

Postal Telegraph and Cable Company of Texas 13 


R. 

Robinson, Tom 23 

S. 

Sanitary Receptacle Company 22 


Southwestern Telegraph and Telephone Company 12 


T. 

Texas & New Orleans Railroad Company 1 

Texarkana & Ft. Smith Railway Company 6 

Texas Tram & Bumber Company 8 


495 


499 

427 

470 

595 

502 
464 

358 

396 

421 


CITY OF BEAUMONT 


V. 

Van Wormer, S. H., et al. (Beaumont Telephone 


Company) 14 

W. 

Ward, John C., et al 18 









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CITY OF BEAUMONT. 
CHAPTER XL VIII. 


507 


EXTRACTS FROM THE STATE PENAL CODE RE- 
LATING TO OFFENSES COGNIZABLE 
BY CORPORATION COURTS. 

(FOR CONVENIENCE OF CITY OFFICIALS). 

COLLECTOR ISSUING OCCUPATION TAX RECEIPT 
WITHOUT AN AFFIDAVIT 

Article 110a. If a tax collector shall issue any occu- 
pation tax receipt without first taking or filing the affi- 
davit provided in the act of March 13, 1895, page 18, acts 
of 1895, Art. 5049, of the Revised Civil Statutes, he shall 
be deemed guilty of a misdemeanor and upon convic- 
tion shall be fined in any sum not less than ten nor more 
than one hundred dollars. 

DRUNKENNESS IN A PUBLIC PLACE— HOW PUN- 
ISHED. 

Article 150. Any person who shall get drunk, or be 
found in a state of intoxication, in any public place, shall 
be deemed guilty of a misdemeanor, and on conviction be- 
fore a court of competent jurisdiction shall be fined in 
a sum not more than one hundred dollars for each and 
every offense. 

WORKING ON SUNDAY 

Article 196. Any parson who shall hereafter labor, 
or compel, force, or oblige his employees, workmen or 
apprentices to labor on Sunday, or any person who shall 
hereafter hunt game of any kind whatsoever on Sunday 
within one mile of any church, school house, or private 
residence, 'shall be fined not less than ten nor more than 
fifty dollars. 

Article 197. Not Applicable, When. — The preced- 
ing article shall not apply to household duties, works of 
charity or necessity; nor to necessary work on farms 


508 


CHARTER AND ORDINANCES. 


or plantations in order to prevent the loss of any crop; 
nor the running of steam boats and other water crafts, 
rail carls, wagon trains, common carriers nor to the deliv- 
ery of goods by them or the receiving or storing of goods 
by the parties or their agents to whom said goods are de- 
livered; nor to any stages carrying United States mail or 
passengers; nor to foundries, sugar mills, or herders 
who have a herd of stock actually gathered and under 
one herd nor persons traveling; nor to ferrymen or keep- 
ers of toll bridges, keepers of hotels, boarding houses and 
restaurants and their servants; nor to keepers of livery 
stables and their servants; nor to any person who con- 
scientiously believes that the seventh day or any other 
day of the week ought to he observed as the sabbath, and 
who actually refrains from business and labor on that 
day for religious reasons. 

Article 198. Horse Racing, Gaming, etc., on Sunday. 

— Any person who shall run or be engaged in running 
any horse race, or who shall permit or allow the use of 
any nine or ten pin alley, or shall be engaged in match 
shooting, or any species of gaming for money or other 
consideration, within the limits of any city or town on 
Sunday, shall be fined not lei-s than twenty nor more than 
fifty dollars. 

Article 199. Selling Goods on Sunday— Any mer- 
chant, grocer, or dealer in wares or merchandise, or tra- 
der in any business whatsoever, or the proprietor of any 
place of public amusement, or the agent or employee of 
any such person, who shall sell, barter or permit his place 
of business or place of public amusement to be open for the 
purpose of traffic or public amusement on Sunday, 
shall be fined not less than twenty nor more than fifty 
dollars. The term “ place of amusement’ > shall be con- 
strued to mean circuses, theatres, variety theatres and 
such other amusements as are exhibited and for which 
an admission fee is charged; and shall also include dances 
at disorderly houses, low dives and places of like char- 
acter with or without fees for admission. 

Article 200. Exceptions from Operation of Preced- 
ing Article. — The preceding article shall not apply to 
markets or dealers in provisions as to sales of provisions 


CITY OF BEAUMONT. 


509 


made by them before nine o ’clock A. M., nor to sale of bur- 
ial material, newspapers or ice or ice cream, milk, nor 
to sending telegraph of telephone massages at any hour 
of the day, nor to keepers of drug stores, hotels, boarding 
houses, restaurants, livery stables, bath houses or ice 
dealers nor to telegraph or telephone offices. 

REFUSING TO AID OFFICER. 

Article 245. If any person, being called on by a mag- 
istrate, or peace officer, shall fail or refuse to aid such 
officer in any matter in which by law, he may be right- 
fully called on to aid or assist in the execution of a duty 
incumbent upon such magistrate or peace officer, he shall 
be punished by a fine not exceeding one hundred dollars. 

EXTORTION. 

Article 256. Extortion by Officers. — If any officer 
authorized by law to demand or receive fees of office, or 
any person employed by such officer, shall wilfully de- 
mand or receive higher fees than are allowed by law, he 
shall be punished by a fine not less than twenty-five nor 
more than one hundred dollars for each offense. 

COUNTY OR CITY OFFICER TRADING IN CLAIMS. 

Article 264. Any officer of any county in this State 
or of any city or town therein who shall contract directly 
or indirectly or become interested in any contract for the 
purchase of any draft or order on the treasurer of such 
county, city or town, or for any jury certificate or any 
other debt, claim or demand for which said county, city 
or town may or can in any event be made liable, shall be 
punished by a fine of not less than ten nor more than 
twenty times the amount of the order, draft, jury certi- 
ficate, debt, claim or liability so purchased or contracted 
for. 


510 CHARTER AND ORDINANCES. 

TOWN OR CITY OFFICER FAILING TO REPORT 
COLLECTIONS. 

Article 274. Any town or city marshal, or constable 
or other city officer or person who may collect money, 
other than taxes, for the use of such town or city, who 
shall fail to report in writing, and under oath, to the May- 
or and Board of Aldermen, or Common Council, of such 
town or city, on the first Monday of each month, the 
amount of money that may have come into his hands 
during the month preceding such report, for the use of 
such town or city, from whom the same was collected, 
and by virtue of what process, shall be punished as pre- 
scribed in Article 272 (of the Penal Code). 

PARENTS, ETC., REFUSING TO ANSWER QUES- 
TIONS OF SCHOOL TRUSTEES. 

Article 289b. The trustees (District school trustees 
contemplated in Article 3964 of the Revised Statutes) 
are hereby authorized and empowered to administer all 
oaths necessary to obtain a full, complete and correct 
census of all children residing in their respective districts ; 
and said trustees may require each parent, guardian, or 
other person having in charge any child or children to 
answer, under oath, as to the name and ages of such child 
or children, and any person refusing to answer such 
questions, under oath, shall be guilty of a misdemeanor, 
and on conviction thereof shall be fined not less than 
five nor more than twenty-five dollars. 

UNLAWFUL ASSEMBLY DEFINED. 

Article 299. An “Unlawful Assembly” is the meet- 
ing of three or more persons with intent to aid each 
other by violence or in any other manner either to commit 
an offense illegally or to deprive any person of any rights 
or to disturb him in the enjoyment thereof. 

Article 306. To Rescue One Accused of Misdemean- 
or. — If the purpose of the unlawful assembly be to rescue 


CITY OF BEAUMONT. 


511 


a person accused of a misdemanor the punishment shall 
be a fine not to exceed two hundred dollars. 

Article 312. To Effect any other Illegal Object. — If 

the purpose of the unlawful assembly be to effect any ille- 
gal object other than those mentioned in the preceding 
articles of this chapter, all persons engaged therein shall 
be liable to a fine not exceeding two hundred dollars. 

Article 313. Lawful Meeting not Included. — No pub- 
lic meeting for the purpose of exercising any political, 
religious or other lawful rights, no assembly for the pur- 
pose of lawful amusement or recreation, is within the 
meaning of this chapter. 

Article 314. Lawful Meeting Included, if Unlawful 
Purpose is Afterward Agreed on. — Where the persons en- 
gaged in any unlawful assembly met at first for lawful 
purposes, and afterward agreed upon an unlawful pur- 
pose, they are equally guilty of the offense defined in 
Article 299. (Chapter One, Title IX, Penal Code). 

“AFFRAY” DEFINED. 

Article 333. If any two or more persons shall fight 
together in a public place, they shall be punished by a 
fine not exceeding one hundred dollars. 

Article 334. Disturbance of the Peace. — If any per- 
son shall go into or near any public place, or into or 
near any private house, and shall use loud and vociferous 
or obscene, vulgar or indecent language, or swear or 
curse, or yell or shriek, or expose his person, or rudely 
display any pistol or other deadly weapon, in a manner 
calculated to disturb the inhabitants of such public or 
private house, he shall be fined in any sum not exceeding 
one hundred dollars. 

“PUBLIC PLACE” DEFINED. 

Article 335. A public place within the meaning of 
the two preceding articles, is any public road, street or 
alley of a town or city, or any inn, tavern, store, grocery 


512 


CHARTER AND ORDINANCES. 


or work shop, or place at which people are assembled, or 
to which people commonly resort for the purpose of bus- 
iness, amusement, recreation or other lawful purposes. 

Article 336. Shooting in a Public Place. — If any per- 
son shall discharge any gun, pistol or firearms of any de- 
scription, on or across any public square, street or alley 
in any city, town or village in this State, he shall be fined 
in a sum not exceeding one hundred dollars. 

Article 337. Horse Racing on Public Road and 
Street. — Any person who shall run, or be in any way con- 
cerned in running any horse race in, along or across any 
public square, street or alley in any city, town or village, 
or in, along or across any public road within this State, 
shall be fined in any sum not less than twenty-five nor 
more than one hundred dollars. 

INDECENT PUBLICATION AND EXPOSURE. 

Article 365. If any person shall make, publish or 
print any indecent and obscene print, picture or written 
composition, manifestly designed to corrupt the morals 
of youth, or shall designedly make an obscene and inde- 
cent exhibition of his own or the person of another, in 
public, he shall be fined not exceeding one hundred dol- 
lars. 

ISSUING BILLS TO PASS AS MONEY. 

Article 368. If any person within this State shall 
issue any bill, promissory note, check or other paper in- 
tended to circulate as money, he shall be fined not less 
than ten dollars nor more than fifty dollars for each bill, 
promissory note, check or other paper so issued. 

Article 369. Includes Corporations. — Any officer of 
any banking company or body corporate who signs his 
own name, or that of another, by the authority of such 
other, to any bank bill, promissory note, checK or ctfher 
paper, being evidence of a promise to pay and intended t<3 
circulate as money, is guilty of the offense punishable by 
the preceding article. 


CITY OF BEAUMONT. 


513 


Article 370. Also Indorsement of Foreign Bills. — 

Any person who may bring into this State any bank bill, 
purporting to be issued by any bank in any other State 
or Territory in the Union or in any other foreign coun- 
try, and shall sign or indorse the same to be circulated 
as money in this State, shall be deemed guilty of the of- 
fense mentioned in Article 368. 

Article 372. Not Applicable to United States Banks. 
— The provisions of this chapter shall not apply to any 
bank incorporated under the laws of the United States, 
nor to bills issued by such bank. 

SELLING LOTTERY TICKETS. 

Article 374. If any person shall sell, offer for sale 
or keep for sale any ticket or part ticket in any lottery, 
he shall be fined not less than ten nor more than fifty 
dollars. 

Article 375. Selling Raffle Tickets. — If any person 
shall establish a raffle for, or dispose by raffle of any es- 
tate, real or personal, exceeding five hundred dollars in 
value, he shall be fined not less than $100.00 nor more 
than one thousand dollars; or if any person shall establish 
a raffle for or shall dispose by raffle of any estate, real 
or personal, of the value of five hundred dollars, or ]ess, 
he shall be fined not less than five dollars, nor piore than 
two hundred dollars. If any person shall offer for sale 
or keep for sale any chance, ticket or part ticket, in any 
raffle of any estate, real or personal of any value what- 
ever, he shall be fined not less than ten dollars nor more 
than fifty dollars and all laws and parts of laws in con- 
flict with this act are hereby repealed. 

GAMING. 

Article 379. Playing Cards in a Public Place. — If 

any person shall play at any game of c^rds at any house 
for retailing spiritous liquors, storehoc-^- f avern, inn, or 
other public house, or in any street, nignwa^ cr other 
public place, or in any outhouse where people resort, at 
any place except a private residence occupied by a fam- 


514 


CHARTER AND ORDINANCES. 


ily, or if any person shall wager or bet any money or other 
thing of value or representative of either, at any game of 
cards, except in a private residence occupied by a family, 
and the provisions of this article that permits gaming in 
a private residence shall not apply in case such res- 
idence is one commonly resorted to for the 
purpose of gaming, he shall be fined not less than ten 
nor more than twenty-five dollars. 

Article 380. What Included in Preceding Article.— 

All houses commonly known as public, and all gaming 
houses, are included within the meaning of the preceding 
article. Any room attached to such public house and 
commonly used for gaming, is also included, whether the 
same is kept closed or open. A private room of an inn 
or tavern is not within the meaning of public places, un- 
less such room is commonly used for gaming; nor is a 
private business office or a private residence to he con- 
strued as within the meaning of public house or place; 
provided that said private residence shall not he a house 
for retailing spiritous liquors. 

Article 381. Offense Complete Without Betting. — 

In prosecutions under the two preceding articles it shall 
not be necessary for the State to prove that any money 
or article of value, or the representative of either, was 
bet at such game when the prosecution is for playing 
cards at a house for retailing spiritous liquors, store 
house, tavern, inn, or any other public place, or in any 
street, highway or other public place, or in any out- 
house where people resort, or at any place except a private 
residence occupied by a* private family; provided, that 
nothing in this title shall he so construed as to prevent 
the playing of any game for amusement at a private res- 
idence occupied by a family. (Laws 1909, page 91). 

Sec. 5. Buying Pools, etc., on Horse Races.— If any 

person shall, at any place in this State, buy pools or other- 
wise wager anything of value on any horse race to be 
run, trotted or paced, at any place in this State or else- 
where, or shall offer to wager, or shall offer to place any 


CITY OF BEAUMONT. 


515 


money or other thing of value with any other person to 
be transmitted to any other place to be wagered on any 
horse race, he shall upon conviction, be punished by a fine 
of not less than twenty-five dollars, nor more than one 
hundred dollars. (Laws 1907, page 109). 

Article 388g. Duty of Officers to Suppress — Search 
Warrant. — Whenever it shall come to the knowledge of 
any sheriff, constable, police officer, or other peace officer 
by an affidavit of a reputable citizen, or otherwise, that 
any of the provisions of this Act are being violated, it 
shall be the duty of such officer to immediately avail 
himself of all lawful menas to suppress such violation, 
and he shall be authorized by any such warrant that is 
issued by virtue of this act to enter any house, room or 
place to be searched, using such force as may be neces- 
sary to accomplish such purpose. , 

Article 388h. Procedure Under Such Warrant. — Up- 
on the filing with any Justice of the Peace, County or 
District Judge, or any magistrate, of an affidavit in writ- 
ing, made by a reputable citizen that gaming, betting or 
wagering, as prohibited by this Act, is being conducted 
in any building, room, premises or place, describing the 
same sufficiently for identification, it shall be the duty 
of such officer, with whom said affidavit is filed, to im- 
mediately enter and search such building, room, premises, 
or place, in the event the same is a gaming house, as de- 
fined in this Act, to arrest all parties found therein, or 
making their escape therefrom and to take possession of 
any gambling paraphenalia, device or equipment found 
therein, and it shall be the duty of such officer to imme- 
diately take persons arrested before the nearest magis- 
trate, and lodge the proper complaint against each per- 
son so arrested. 

Article 388i. Gambling Houses, etc. — A Public Nui- 
sance. — The existence of any gambling house or gaming 
table or gaming paraphenalia or device of whatever kind 
or character and all equipments of such gambling house, 
is hereby declared to be against public policy and the 
same is hereby declared a nuisance and no suit shall be 


516 


CHARTER AND ORDINANCES. 


brought or maintained in any of the courts of this State 
for the recovery of same or for any insurance thereon or 
for damages by reason of any injury, to or for the de- 
struction of same. 

Article 388j. Determines Tenant’s Liability.— The 

use of any house, property or premises, by any tenant or 
lessee for any purpose made unlawful by this Act, shall 
terminate all rights and interests of such tenant or lessee 
in same, and shall entitle the owner thereof to the imme- 
diate possession of said house, property or premises. 

Article 388k. Seizure and Destruction. — Notice to 
Owner. — It shall be the duty of every sheriff, constable, 
police officer or other peace officer by virtue of the war- 
rant authorized by this Act to seize and take into his pos- 
session all gaming tables, devices and other equipments 
or paraphenalia of gambling houses, the existence of 
which has come to his knowledge and to immediately 
file with the Justice of the Peace, County Judge or Dis- 
trict Judge, a list in writing of the property seized and 
shall designate the place where same was seized and the 
owner of same, or person from whom possession was tak- 
en. Thereupon it shall be the duty of the said Justice 
of the Peace, County or District Judge to note same upon 
his docket and to issue or cause the Clerk of the Court to 
issue a notice in writing to the owner or person in whose 
possession the articles, seized, were found, commanding 
him to appear at a designated time, not earlier than five 
days from the service of such notice, and show cause why 
such articles should not be destroyed. If personal service 
cannot be had upon the person to whom same is directed, 
a copy of said notice shall be posted for not less than five 
days, either upon the Court House door of the County 
where the proceedings are begun or upon the building or 
premises from which the property seized was taken. 

Article 3881. Judgment. — Suit to try Issues. — If upon 
a hearing of the matter referred to in the preceding sec- 
tion, the Justice of the Peace, County Judge or District 
Judge before whom the cause is pending shall determine 
that the property seized is a gaming table, or bank or is 


CITY OF BEAUMONT. 


517 


used as equipment or paraplienalia for a gambling house, 
and was being used for gaming purposes, he shall order 
same to be destroyed, but any part of same may, by order 
of the court, be held as evidence to be used in any pros- 
used shall be ordered returned to the person entitled 
to the possession of the same. It shall be the duty of the 
officer, within not less than fifteen nor more than thirty 
days from the entry of said order, to destroy all property, 
the destruction of which lias been ordered by the court, 
unless the owner, lessee or person entitled to possession 
under this Act, shall, before the destruction of said pro- 
perty, file a suit to recover same. 

Article 388m. Same — Officer to Keep Property. — 

Any person, having interest in or entitled to possession 
of any property seized under this Act, shall have the 
right at any time before the destruction of such property, 
as in ordinary civil cases, to try the issue of whether 
or not such property is gaming table, or bank or device or 
was used as .equipment or paraplienalia of any gambling 
house and to recover the possession of same, and to main- 
tain any other character of suit not inconsistent with this 
Act; and it shall be the duty of the officer having said 
property in his possession after such notice of the pen- 
dency of said suit to safely keep said property, pending 
the same. 

Article 388n. Indictment. — In any indictment or in- 
formation for keeping or exhibiting a gaming table, alley, 
machine, wheel device, or bank, it shall be sufficient to 
state that the person accused kept the table, alley, ma- 
chine, wheel device or bank for gaming; or exhibited the 
same for gaming, without giving the name or description 
thereof and without stating that the table, bank, alley, 
machine, wheel or gaming device was without any name 
or that same was unknown and it shall not be necessary 
in the prosecution to prove that money or other articles 
of value were lost or won thereon. 

Article 392. Justice of the Peace, etc., Failing to 
Prosecute. — If any Justice of the Peace, Mayor or Re- 
corder, shall know the fact that an offense against the 


518 


CHARTER AND ORDINANCES. 


gaining laws has been committed, by any person, and 
shall fail or neglect to cause such person to be arrested 
and prosecuted for the same, he shall be punished by a fine 
not less than twenty-five nor more than one hundred 
dollars. 

Article 393. Peace Officer Failing to Inform,— If 

any Peace Officer shall know that any person has com- 
mitted an offense against the gaming laws, and shall ne- 
glect or fail to give information thereof to some Justice 
of the Peace, Mayor or Recorder, having jurisdiction to 
try such offense, he shall be punished by a fine not less 
than twenty-five nor more than one hundred dollars. 

PROHIBITING BETTING ON BASE BALL AND FOOT 
BALL. 

(Laws of 1907, page 222). 

Sec, 1. That it shall hereafter be unlawful for any 
person in this State to enter into an agreement with an- 
other, either orally, ' written or implied, whereby either 
one or both shall bet or wager money on anything of value 
or otherwise become a party to any gambling scheme 
based upon the final result or outcome, or any play or 
portion thereof of a game of football, or base ball; pro- 
vided that nothing herein shall prohibit contesting base- 
ball or football teams, or their duly authorized agents or 
managers from entering into an agreement as to the man- 
ner of disposition of gate receipts derived from such 
games. 

Sec. 2. That any person found guilty of violating 
this law shall be subject to a fine of not less than five 
dollars nor more than one hundred dollars. 

Sec. 1. (Laws of 1909, page 119). Giving or Deliv- 
ering Liquor to Minor. — That any person who shall give 
or deliver, or cause to be given or delivered, or to be in 
any way concerned in the gift, or delivery of any spirit- 
ous, vinous, malt or intoxicating liquors to any person 
under the age of twenty-one years whether consigned to 
such person or to some other person, without the written 


CITY OP BEAUMONT. 


519 


consent of the parent or guardian of such person who is 
under the age of twenty-one years, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be fined 
not less than twenty-five ($25.00) nor more than one hun- 
dred ($100.00) dollars; and any person who as agent for 
or employed by an express company or other common 
carrier, or who, as agent for or employee of any other 
person, firm or corporation, delivers or causes to be de- 
livered any spiritous, vinous, malt or intoxicating liquors 
to any person under the age of twenty/one years, whether 
consigned to such person or to some other person, with- 
out the written consent of the parent or guardian of such 
minor, shall be guilty of a misdemeanor, and shall be 
fined upon conviction therefor by a fine not less than 
twenty-five ($25.00) nor more than one hundred ($100.00) 
dollars. 

Article 400a. Selling Cigarettes or Tobacco to Min- 
ors. — That any person who shall sell, give or barter, or 
cause to be sold, given or bartered, to any person under 
the age of sixteen years, or knowingly sell to any other 
person for delivering to such minor, without the writ- 
ten consent of the parent or guardian of such minor, any 
cigarette or tobacco in any of its forms, shall be fined 
not less than ten nor more than one hundred dollars. 

Sec. 1. (Laws of 1905, page 105). Permitting Minors 
in Pool Rooms. — That if any owner, manager or lessee 
of any billiard hall, pool hall, ten pin alley or bowling 
alley, or any employee therein, whether intoxicating liq- 
uors are sold in such place or not, shall permit any person 
under the age of twenty-one years to enter such place of 
business and remain therein for any; length of time, with- 
out the consent of the parent of such minor, or someone 
standing in their place or stead, or shall permit any person 
under twenty-one years of age to play at billiard or pool, 
or without the consent of the parent of such minor, or 
someone standing in their place or stead, shall be guilty 
of a misdemeanor and on conviction thereof, shall be 
fined in any sum not less than twenty dollars nor more 
than one hundred dollars. 


520 


CHARTER AND ORDINANCES. 


Sec. 1. (Laws of 1905, page 83). Limiting Convic- 
tion of Minors. — No person shall in any case be convicted 
of any offense committed before he was of the age of 
nine years, except perjury and for that only, when it 
shall appear by proof that he had sufficient discretion to 
understand the nature and obligation of an oath; nor of 
any other offense committed between the years of nine 
and thirteen, unless it shall appear by proof that he had 
discretion sufficient to understand the nature and illegal- 
ity of the act constituting the offense. 

VAGRANCY. 

Sec. 1. (Laws of 1909, page 111). Vagrancy.— De- 
fining and Punishing. — That the following persons are 
and shall be punished as vagrants, viz : 

(a) Persons known as tramps, wandering or strol- 
ling about in idleness who are able to work and have no 
property to support them. 

(b) Persons leading an idle, immoral, or profligate 
life, who have no property to support them, and who are 
able to work and do not work. 

(c) All persons able to work, have no property to 
support them, and who have no visible means or known 
means of a fair, honest and reputable livelihood. The 
term ‘ 1 Visible or known means of a fair, honest and rep- 
utable livelihood” as used in this article, shall be con- 
strued to mean reasonably continuous employment at 
some lawful occupation for reasonable compensation, or 
a fixed and regular income from property or other 
investments, which income is sufficient for the support 
and maintenance of such person. 

(d) All able bodied persons who habitually loaf, 
loiter, and idle in any city, town or village, or railroad 
station, or in any other public place in this State for the 
larger portions of their time without any regular employ- 
ment and without any visible means of support. An of- 
fense under paragraph (d) of this section shall be made 
out whenever it is shown that any person has no visible 
means of support, and only occasionly has employment 


CITY OF BEAUMONT. 521 

at odd jobs, being for the most of the time out of em- 
ployment. 

(e) Persons trading or bartering stolen property, 
or who unlawfully sells any vinous, alcoholic, malt, in- 
toxicating or spiritous liquors. 

(f) Every common gambler or person who for the 
most part maintains himself by gambling. 

(g) All companies of gypsies, who, in whole or in 
part, maintain themselves by telling fortunes. 

(h) Every able bodied person who shall go begging 
for a livelihood. 

(i) Every common prostitute. 

(j) Every keeper of a house of prostitution. 

(k) Every keeper of a house of gambling or gaming. 

(l) Everjr person who shall abandon his wife, or 
child or children without just cause, leaving such wife 
or child or children without support, or in danger of be- 
coming a public charge. 

(m) Every able bodied person who lives without 
employment or labor and who has no visible means of 
support. 

(n) All persons who are able to work and do not 
work, but hire out their minor children or allow them to 
(be) hired out and live upon their w T ages, being without 
means of support. 

(o) All persons over sixteen years of age and under 
twenty-one able to work and do not work, and have no 
property to support them, and have not some known, vis- 
ible means of a fair, honest and reputable livelihood, and 
whose parents or those in loco parentis are unable to 
support them, and who are not in attendance upon some 
educational institution. 

(p) All persons who advertise and maintain them- 
selves in whole or in part as clairvoyants or foretellers 
of future events, or as having supernatural knowledge 
with respect to future or present conditions, transactions, 
happenings or events. 

(q) Any person who unlawfully solicits orders for 
intoxicating liquors. 

(r) All male persons who habitually associate with 


522 


CHARTER AND ORDINANCES. 


prostitutes, or habitually loiter in or around houses of 
prostitution or who, without having visible means of sup- 
port, receive financial aid or assistance from prostitutes. 

Sec. 2. It shall be the duty of every sheriff, deputy 
sheriff and constable in every county, and of the police, 
town marshal, deputy marshal, and other like officials 
in every county, city, town or village in the State, to give 
information under oath to any officer empowered to issue 
criminal warrants, of all vagrants within their know- 
ledge, or upon information in their respective counties, 
cities, towns and villages; thereupon the said officer shall 
issue a warrant for the apprehension of the person al- 
leged to be a vagrant. 

Sec. 3. All information charging vagrancy shall be 
under oath, and while it is made the special duty of the 
officers named in Section 2 hereof to file the said infor- 
mation whenever they shall have knowledge or good rea- 
son to suspect that any person is a vagrant as defined 
by any clause or section of this Act, yet any information 
charging vagrancy may be filed under oath by any res- 
ident of the State. 

Sec. 4. Whenever any person shall have been ar- 
rested on charge of vagrancy, he shall immediately be 
carried before any court having jurisdiction of the of- 
fense herein named, and upon conviction thereof, shall 
be fined in any sum not to exceed two hundred dollars. 

Sec. 5. If any of the officers named in Section 2 of 
this Act shall fail, refuse, or neglect to perform the du- 
ties herein required, he shall be guilty of a misdemeanor 
and shall be punished by a fine not less than twenty-five 
dollars nor more than one hundred dollars. 

PAWNBROKERS. 

Article 414. Pawnbrokers Failing to Comply with the 
Law. — If any pawnbroker or person doing business as 
such shall receive any pledge, or sell the same without 
complying with the laws regulating pawn brokers m this 
State, he shall be punished by a fine not less than twenty 
five nor more than one hundred dollars. 


CITY OF BEAUMONT. 


523 


OCCUPATIONS AND ACTS INJURIOUS TO 
HEALTH. 

Article 423. Offensive Trades and Nuisances. — If 

any person shall carry on any trade, business or occupa- 
tion injurious to the health of those who reside in the 
vicinity, or shall suffer any substance which has that 
effect to remain on premises in his possession, he shall 
be punished by a fine not less than ten nor more than 
one hundred dollars; and each separate day of carrying 
on such business, trade or occupation, or of permitting 
such substance to remain on the premises, shall be con- 
sidered a separate offense. 

Article 425. Leaving Dead Animals in Road. — If 

any person shall leave the dead carcass or body of any 
horse, mule, ox, steer, cow or other animal, which died 
in the actual possession of such person, in any public 
road or highway, or in any street or alley of any village, 
town or city in this State, or within fifty yards of such 
public road, highway, street or alley, he shall be fined 
not less than five nor more than one hundred dollars 

SALE OF UNWHOLESOME FOOD, DRINK OR MED- 
ICINE. 

Article 426. Selling Corrupted or Unwholesome Sub- 
stance. — If any person shall knowingly sell the flesh of 
any animal dying otherwise than by slaughter, or slaught- 
ered when diseased, or shall sell any kind of corrupted, 
diseased or unwholesome substance, whether for food or 
drink, without making the same fully known to the buy- 
er, shall be fined not less than twenty nor more than one 
hundred dollars. 

RIDING OR DRIVING OVER BRIDGES. 

Article 481. If any person shall ride or drive over 
any bridge belonging to any county, or to any municipal 
or private corporation, faster than a walk, he shall be 
fined in any sum not exceeding one hundred dollars. 


524 


CHARTER AND ORDINANCES. 
CHAPTER XCIV. 

PURE FOOD LAW— AMENDMENT. 


(Laws 1909). 

(H. B. No. 287). 

BE IT ENACTED BY THE LEGISLATURE OF THE 

STATE OF TEXAS. 

Sec. la. That Chapter 39, Acts of the General Laws 
of the Thirtieth Legislature entitled “An Act to prohibit 
and prevent adulteration, fraud and deception in the 
manufacture and sale of articles of food and drugs, pre- 
scribing penalties for the violation of this Act, to provide 
for the appointment of a Dairy and Food Commissioner, 
and to define his powers and duties, and to fix his com- 
pensation, and to repeal all laws in conflict with the pro- 
visions of this Act, and declaring an emergency/’ be so 
amended to hereafter read as follows: 

Sec. 1. That no person, firm or corporation shall 
within this State manufacture for sale, have in his pos- 
session with intent to sell, offer or expose for sale, or 
sell or exchange any article of food, drink or drugs which 
is adulterated or misbranded within the meaning of this 
Act. The term “food” as used herein shall include all 
articles used for food, drink, flavoring, confectionery, or 
condiment, by man, whether simple, mixed or compound. 
That the term “Drug” as used in this Act shall include 
all medicines and preparations for internal or external 
use recognized in the United States Pharmacopoeia or 
National Formulary, and any substance dr mixture of 
substances intended to be used for the cure, mitigation 
or prevention of disease of either man or animal. 

Sec. 2. That for the purpose of this Act any Article 
shall be deemed to be adulterated. 

(a) In the case of drugs: (1) If, when sold under 
or by a name, recognized in the eighth decennial revision 
of the United States Pharmacopoeia or in such United 
States Pharmacopoeia as was official at the time of la- 
beling it or in the National Formulary, it differs from the 


CITY OP BEAUMONT. 


525 


standard strength, quality and purity laid down therein; 
(2) if, when sold under or by a name not recognized in 
the eighth decennial revision of the United States Phar- 
macopoeia, hut which is found in some other pharmaco- 
poeia or other standard wark on materia medica, it dif- 
fers materially from the standard of strength, quality 
or purity laid down in such work; (3) If its strength, 
quality or purity falls below the professed standard un- 
der which it is sold. 

(b) In the case of confectionery: If it contains terra 
alba, barytes, talc, chrome yellow or other mineral sub- 
stance of poisonous color or flavor, or other ingredients 
deleterious or detrimental to health, or any vinous, malt 
or spiritous liquor or compound or narcotic drug. 

(c) In the case of food: (1) If any substance has 
been mixed and packed with it so as to reduce or lower 
or injuriously affect its quality or strength; (2) If any 
substance has been substituted wholly or in part for the 
article; (3) If any valuable constituent of the article has 
been wholly or in part abstracted, or if the product be be- 
low that standard of quality, strength or purity repre- 
sented to the purchaser or consumer; (4) If it be mixed, 
colored or powdered, coated or stained in a manner where- 
by damage or inferiority is concealed; (5) If it contain 
any added poisonous or other added deleterious ingred- 
ient which may render such article injurious to health, 
provided, that when in the preparation of food products 
for shipment they are preserved by any external appli- 
cation applied in such a manner that the preservative is 
necessarily removed mechanically, or by maceration in 
water, or otherwise, and directions for the removal of 
said preservative shall be printed on the covering of the 
package, the provisions of this Act shall be construed 
as applying only when said products are ready for con- 
sumption; (6) If it consists in whole or in part of a filthy, 
decomposed or putrid animal or vegetable substance, or 
any portion of an animal or vegetable unfit for food, 
whether manufactured or not, or if it is the product of a 
diseased animal, or one that has died otherwise than by 
slaughter. 


526 


CHARTER AND ORDINANCES. 


Sec. 3. That the term “ misbranded/ ’ as used here- 
in, shall apply to all drugs or other articles of food, or 
articles which enter into the composition of food, the 
package or label of which shall bear any statement, de- 
sign or device regarding such article or the ingredients 
or substances contained therein which shall be false or 
misleading in any particular. 

That for the purposes of this Act an article shall also 
be deemed to be misbranded : 

(a) In the case of drugs: (1) If it be an imitation 
of or offered for sale under the name of another article; 
(2) If the contents of the package as originally put up 
shall have been removed, in whole or in part, and other 
contents shall have been placed in such package, or if 
the package fail to bear a statement on the label of the 
quality or proportion of any alcohol, morphine, phoenace- 
tin, opium, cocaine, heroin, alpha or beta cucaine, chlor- 
oform, cannibis, indica, chloral hydrate or accetanilid. 
or any derivative or preparation of any such substances 
contained therein. 

(b) In the case of food: (1) If it be an imitation of 
or offered for sale under the distinctive name of another 
article; (2) If it be labeled or branded so as to deceive or 
mislead the purchaser or purport to be a foreign product 
when not so, or if the contents of the package as origin- 
ally put up shall have been removed in whole or in part 
and other contents shall have been placed in such pack- 
age, or if it fail to bear a statement on the label on the 
quantity or proportion of any morphine, opium, cocaine, 
heroin, alpha or beta eucaine, phenacetin, chloroform, 
cannibis indica, chloral hydrate or acetanilid, or any de- 
rivative or preparation of any such substance, con- 
tained therein; (3) If in package form, and the contents 
are stated in terms of weight or measure, they are not 
plainly and correctly stated on the outside of the pack- 
age; (4) if the package containing it or its labels bear 
any statement, design or device regarding the ingred- 
ients or the substances contained therein, which state- 
ment, design or device shall be false or misleading in any 


CITY OF BEAUMONT. 


527 


particular; provided, that an article of food which does 
not contain any added poisonous or deleterious ingred- 
ient shall not be deemed to be adulterated or misbranded 
in the following cases: First. In cases of mixtures of 
compounds which may be now or from time to time here- 
after known as articles of food, under their own distinc- 
tive names, and not an imitation of or offered for sale un- 
der the distinctive name of another article, if the name 
be accompanied on the same label or brand with a state- 
ment of the place where said article has been manufac- 
tured or produced. Second. In the case of articles la- 
beled, branded or tagged so as to plainly indicate that 
they are compounds, imitations or blends, that the term 
“ blend” as used herein, shall be construed to mean a 
mixture of like substances, not excluding harmless col- 
oring or flavoring ingredients used for the purpose of 
coloring and flavoring only; and provided, further, that 
nothing in this Act shall be construed as requiring or 
compelling proprietors or manufacturers of proprietary 
foods which contain unwholesome added ingredients 
to disclose their trade formulas except in so far as the 
provisions of this Act may require to secure freedom 
from adulteration or misbranding. 

Sec. 4. Every dealer or peddler in slaughtering flesh, 
meats, fish, fowl or game for human food, at wholesale 
or retail, in the transportation of such food from place 
to place to customers, or in storing or keeping same for 
sale, shall protect the same from dust, flies, and other 
vermin or substances which may injuriously affect it, 
by securely covering it while being so transported, stored 
or kept. 

Sec. 5. It shall be unlawful for any person to manu- 
facture,, sell, offer or expose for sale or exchange any 
cider not wholly from the juice of fruit. 

Sec. 6. It shall be unlawful for any person to manu- 
facture, sell, offer or expose for sale or exchange any ar- 
ticle of food to which has been added formaldehyde, bor- 
ic acid, benzoic acid or benzoates, sulphurus acid 
s u 1 phurite, salicyclic acid or salicyates, 


528 


CHARTER AND ORDINANCES. 


abrastols, beta nap.thol, flourine compounds, dulcin, glu- 
cin, cocaine, sulphuric acid or other mineral acid except 
phosphoric acid, any preparation of lead or copper or 
other ingredient injurious to health; provided, that noth- 
ing in this Act shall be construed as prohibiting the sale 
of catsups, sauces, concentrated fruits, fruit juices, and 
like substances, preserved with one-tenth of one per cent 
of benzoate of soda, or the equivalent benzoic acid, when 
a statement of such fact is plainly indicated upon the 
label; provided, further, that the oxides of sulphur may 
be used for bleaching, clarifying and refining food pro- 
ducts. 

Sec. 7. Whoever manufactures for sale within this 
State, or offers or exposes for ^ale or exchange or sells, 
any baking powder or compound intended for use as a 
baking powder under any name or title whatsoever, shall 
securely affix or cause to be securely affixed to the out- 
side of every box, can or package containing such baking 
powder or like mixture, or compound, a label distinctly 
printed in plain capital letters in the English language 
containing the name and residence of the manufacturer 
or dealer, and the ingredients of the baking powder. Bak- 
ing powder containing less than 10 per cent of available 
carbon dioxide shall be deemed to be adulterated. 

Sec. 8. That it shall be unlawful for any person, 
either by himself or agent, to sell or expose for sale or 
exchange any unwholesome watered, adulterated or im- 
pure milk, or swill milk or colostrum, or milk from cows 
kept upon garbage, swill or any other substance in a 
state of fermentation or putrifaction or other deleterious 
substances, or from cows kept in connection with any 
family in which there are infectious diseases, or from 
sick or diseased cows; provided, “skim milk” may be 
sold if on the can, or package from which such milk is 
sold, the words “skim milk” are distinctly painted in 
letters not less than one inch in length. 

Sec. 9. Authortiy is hereby given the Common 
Council or Commissoin of any city or town to appoint an 
inspector of milk in any such city or town, and to fix his 
compensation. 


CITY OF BEAUMONT. 


529 


Sec. 10. That no dealer shall be prosecuted under 
the provisions of this Act, when he can establish a guar- 
anty signed by the wholesaler, jobber, manufacturer, or 
other party residing within this State or in the United 
States from whom he purchases such article, to the effect 
that the same is not adulterated or misbranded within 
the meaning of this Act, designating it. Said guaranty, 
to afford protection, shall contain the name and address 
of the party making the sale of such articles to such 
dealer, and in such <?ase said party or parties shall be 
amenable to the prosecutions, fines and other penalties 
which would attach, in due course, to the dealer. 

Sec. 11. Whoever shall Go any of the acts or things 
prohibited by this act, or wilfully neglects or refuse to 
do any of the acts or the things enjoined or in any way 
violate any of its provisions, shall be deemed guilty of a 
misdemeanor, and shall be punished by a fine of not less 
than $25.00 nor more than $200.00. 

ASSAULT AND BATTERY. 

Article 578. Assault and Battery Defined. — The use 
of any unlawful violence upon the person of another with 
intent to injure him, whatever be the means or the de- 
gre e of violence used, is an assault and battery. Any at- 
tempt to commit a battery, or any threatening gesture 
showing itself or by words accompanying it an immediate 
intention, coupled with an ability to commit a battery, 
is an assault. 

Article 588. Intent Presumed and * ‘Injury Defined. 

— When an injury is caused by violence to the person the 
intent to injure is presumed, and it rests with the person 
inflicting the injury to show the accident or innocent in- 
tention. The injury intended may be either bodily pain, 
constraint, a sense of shame, or other disagreeable emo- 
tion of the mind. 

Article 589. May be Committed on Person not In- 
tended. — An assault, or an assault and battery, may be 


530 


CHARTER AND ORDINANCES. 


committed though the person actually injured thereby 
was not the person intended to be injured. 

Article 590. How it May be Committed.-— An assault, 

of the body of the person committing the offense, as of 
or an assault and battery, mayDe committed by the use 
the hand, foot, head or by the use of any inanimate ob- 
ject as a stick, knife or anything else capable of inflicting 
the slightest injury, or by the use of any inanimate ob- 
ject, as by throwing one person against another, or driv- 
ing a horse or other animal against the person. 

Article 591. Any Meaus Capable of Injury Suffi- 
cient. — Any means used by the person assaulting, as by 
spitting in the face or otherwise, which is capable of in- 
flicting an injury, comes within the definition of an as- 
sault, or an assault and battery as the case may be. 

Article 592. “Coupled with Ability to Commit' ’ De- 
fined. — By the terms “coupled with abitity to commit" 
as used in Article 578 is meant: 

1. That the person making the assault must be in 
such a position that, if not prevented, he may inflict a 
battery upon the person assailed. 

2. That he must be within such distance of the per- 
son so assailed as to make it within his power to commit 
the battery by the use of the means with which he at- 
tempts it. 

3. It follows that one who is, at the time of making 
an attempt to commit a battery, under such restraint 
as to deprive him of the power to act, or who is at so 
great a distance from the person assailed as that he 
cannot reach his person by the use of the means with 
which he makes the attempt, is not guilty of an assault. 
But the use of any dangerous weapon, or the semblance 
thereof, in an angry or threatening manner, with intent 
to alarm another, and under the circumstances calculated 
to effect that object, comes within the meaning of an 
assault. 

Article 593. When Violence Does Not Amount to. — 

Violence used to the person does not amount to an as- 


CITY OF BEAUMONT. 


531 


sault in the following cases: 

1. In the exercise of the right of moderate restraint 
or correction given by the law to the parent over the 
child, the guardian over the ward, the master over his 
apprentice, the teacher over the scholar. 

2. For the preservation of order in a meeting for 
religious, political or other purposes. 

3. The preservation of j>eace, or to prevent the com- 
mission of offenses.* 

4. In preventing or interrupting an intrusion upon 
the lawful possession of proptrey. 

5. In making a lawful arrest and detaining the par- 
ty arrested in obedience to the lawful order of a magis- 
trate or court, and in overcoming resistance to such law- 
ful order. 

6. In self defense or in defense of another against 
unlawful violence offered to his person or property. 

Article 594. Degree of Force Permissible. — In all 

the cases mentioned in the preceding article, where vi- 
olence is permitted to effect a lawful purpose, only that 
degree of force must be used which is necessary to effect 
such purposes. 

Article 595. Verbal Provocation no Justification. — 

No verbal provocation justifies an assault and battery, 
but insulting and abusive words may be given in evidence 
in mitigation of the punishment affixed to the offense. 

Article 596. ‘ ‘Battery,’ ’ How Used. — The word bat- 
tery is used in this code in the same sense as “ assault 
and battery.” 

Article 597. Degrees of Assault. — An assault is ei- 
ther simple assault, an aggravated assault, or an assault 
with intent to commit some other offense. 

Article 598. Punishment for Simple Assault. — The 

punishment for a simple assault, or for assault and bat- 
tery, unattended with circumstances of aggravation, 
shall be a fine of not less than five nor more than twenty- 
five dollars. 

Article 599. Abusive Language an Offense.— If any 


*532 CHARTER AND ORDINANCES. 

person shall, in the presence or hearing of another, curse 
or abuse such person, or use any violently abusive lan- 
guage to such person concerning him or any of his fe- 
male relatives under circumstances reasonably calculated 
to provoke a breach of the peace, he shall be deemed 
guilty of a misdemeanor, and upon conviction thereof 
shall be fined in a sum not less than five nor more than 
one hundred dollars. 

ENTICING MINORS. 

Article 625a. Enticing Minors from Legal Custody. 

— Any person in this State who shall knowingly entice or 
decoy any minor in the State away from the custody of 
his parent or guardian, or person standing in the stead 
of such parent of guardian, shall be punished by a fine of 
not less than twenty-five nor more than two hundred 
dollars. 

In all cases where charitable and benevolent insti- 
tutions have established homes for dependent orphans 
of their deceased members, and the person legally entitled 
to the guardianship of such orphans surrenders them to 
such homes for support, maintenance, and education, 
such institution under their agencies, rules and regula- 
tions shall have and exercise over such orphans all the 
rights of natural guardians, as standing in the place of 
their parents. 

KILLING ANIMAL TO INJURE OWNER. 

Article 786. If any person shall wilfully kill, maim, 
wound, poison or disfigure any horse, ass, mule, cattle, 
sheep, goat, swine, dog or other domesticated animal, or 
any domesticated bird of another, with intent to injure 
the owner thereof, he shall be fined not less than ten nor 
more than two hundred dollars. And in prosecutions 
under this article the intent to injure may be presumed 
from the perpetration of the act. 

MALICIOUS MISCHIEF. 

Article 787. Wilfully or Wantonly Killing and Maim- 


CITY OF BEAUMONT. 


533 


in g, etc. Domesticated Animals or Birds. — If any person 
shall wilfully or wantonly kill, maim, wound, disfigure, 
poison or cruelly or unmercifully beat or abuse any horse, 
ass, mule, cattle, sheep, goat, swine, dog or other domesti- 
cated animal, or any domesticated bird, he shall be fined 
not less than five nor more than one hnudred dollars. 
All laws and parts of laws in conflict with this Act are 
hereby repealed. 

Article 788. Using Animals Without Consent of 
Owner. — Any person who shall hereafter take and use 
or take up and use any horse, mare, gelding, mule, ox, 
cow or other dumb animal, the jjroperty of another and 
without the consent of the owner thereof, shall be fined 
in any sum not less than ten nor more than one hnudred 
dollars, provided that nothing herein contained shall 
prevent a prosecution for the theft of such animal when- 
ever the offense of which said party shall be guilty shall 
come within the meaning of that crime; provided, that 
this article shall not be construed as in any way to inter- 
fere with the laws regulating estrays. 

ROBBING ORCHARDS. 

Article 790. Robbing Orchards, Gardens, etc.— 

If any person shall take or carry away from the farm, 
orchard, garden or vineyard of another, without his con- 
sent, any fruit, melons or garden vegetables, he shall be 
fined in any sum not exceeding one hnudrd dollars. 

INJURY TO BAGGAGE. 

Article 792. Injuring Baggage, etc.— Any baggage 
master, express agent, stage or hack driver or other com- 
mon carrier whose duty it is to handle, remove, transfer 
or take care of trunks, valises, boxes, or other baggage 
while loading, transporting, unloading, transferring, de- 
livering, storing or handling the same, whether or not 
in the employ of any transportation company or common 
carrier, who shall maliciously or carelessly or recklessly 
break, injure or destroy the said baggage, shall be deem- 


534 


CHARTER AND ORDINANCES. 


ed guilty of a misdeameanor, and on conviction be fined 
a sum not exceeding one hnudred dollars; provided, that 
a prosecution for a misdemeanor as provided in this ar- 
ticle shall not be a bar to a civil action for damages. 

DOGGING STOCK WHEN FENCE INSUFFICIENT. 

Article 799. Any owner, proprietor, lessee, or other 
person in charge of cleared and cultivated land surround- 
ed with an insufficient fence, or the agent or employee of 
such person, who shall, with fire-arms, dogs, or otherwise 
maim, wound or kill any cattle, horses or hogs of another 
within such inclosure, or who shall cause or procure the 
same to be done shall be fined not less than ten nor more 
than two hundred dollars. 

Article 800. “Insufficient Fence” Defined. — An 

“insufficient fence” as used in the preceding article, 
means a fence less than five feet high, or with openings 
or crevices in some part thereof sufficiently large for the 
passage of the animal so maimed, wounded or killed. 

HERDING STOCK IN HALF MILE OF RESIDENCES. 

Article 802. If any person shall herd any drove of 
horses, mules, cattle, sheep, goats or hogs, numbering 
more than five head, upon any land not his own, and with- 
in one-half mile of the residence of any citizen of this 
State, whenever the owner, lessee or legal representative 
of such land shall forbid such herding, and shall fail, 
neglect or refuse to remove such drove at once upon the 
request of such owner, lessee, or legal representative; or 
whenever any person shall herd any such drove of 
horses, mules, cattle, sheep, goats or hogs upon the in- 
closed land or pasture of another, or cause the same to 
be so herded without the consent of such owner, lessee 
or legal representative, he shall be fined in any sum not 
exceeding one hnudred dollars; provided, that this ar- 
ticle shall not apply to droves which are driven through 
pastures, by the usual route to any named point of desti- 
nation, traveling at the greatest practicable speed, and 
where there is no public road leading to the point of des- 
tination; and provided, further, that no person shall be 


CITY OF BEAUMONT. 


535 


authorized, under the provisions of this Act, to drive 
any drove or herd of stock of any kind into any inclo- 
sure belonging to another for the purpose of grazing or 
holding such drove or herd of stock for any length of 
time whatever, without the consent of the owner, lessee 
or person in charge of such inclosure. This Act shall not 
apply to herds or droves of stock while being held for 
shipment; provided, that the owner or agent of such 
stock shall pay the owner of the premises, so herded 
upon, reasonable pasturage and all damages done by 
said stock. 

Article 803. Each Hour a Separate Offense. — Each 
hour of delay, after notice is given or request made, shall 
constitute a separate offense under the preceding arti- 
cle. 


INFECTIOUS DISEASES AMONG ANIMALS. 

Article 811. Penalty for Riding or Driving Infected 
Animals, etc., Cumulative of other Laws. — Any person 
who may drive, lead or ride any animal infected with the 
diseases of glander or farcy, knowing them to be so infect- 
ed, on, along or across any public highway in this State, or 
allow any such animal so diseased (knowing them to be 
so diseased and owning such animal) to run at large on 
the open range of any county in this State, shall be deem- 
ed guilty of a misdemeanor, and upon conviction thereof 
shall be fined in any sum not less than ten dollars nor 
more than two hundred dollars. 

AUCTIONEER SELLING ANIMAL WITHOUT WRIT- 
TEN STATEMENT, ETC. 

Article 901. If any auctioneer or other person shall 
sell at auction any horse, mule or ox, without first re- 
quiring from the party for whom such sale is made a 
written statement signed by him of the manner in which, 
and the name and residence of the person from whom 
he acquired such animal, he shall be fined not less than 
fifty nor more than one hundred dollars. 


536 


CHARTER AND ORDINANCES. 


Article 902. Auctioneer Failing to Report Sales of 
Animals. — If any auctioneer or other person shall sell 
at auction any horse, mule, or ox, and shall fail, within 
ten days after such sale, to file with the Clerk of the County 
Court the written statement specified in the preceding 
article, duly attested with his certificate as to its genu- 
ineness, and accompanied with a further certificate con- 
taining an accurate description of the animal sold, to- 
gether with the name and residence of the seller and pur- 
chaser, he shall he punished as prescribed in the preced- 
ing article. 

KILLING UNBRANDED OR UNMARKED CATTLE. 

Article 907. If any person shall knowingly kill any 
unmarked or unbranded animal of the cattle species, or 
any unmarked hog, sheep, or goat not his own, he shall 
be fined not less than twenty-five nor more- than one 
hundred dollars. 

Article 908. Procedure in Prosecutions for. — In the 

prosecutions under the preceding article it shall only be 
necessary for the State to allege and prove that the ani- 
mal killed was not the property of the accused, without 
stating or proving the true owner of such animal. 

Article 909. Skinning Cattle. — If any person shall 
remove the hide, or any part thereof, from any cattle not 
his own, and without the consent of the owner, he shall 
be fined in a sum not less than twenty nor more than one 
hundred dollars, and the removal of each separate hide 
from each animal shall constitute a separate offense. 

Article 910. Having Possession of Hide Without 
Owner’s Consent. — If any person shall be found in pos- 
session of any hide of any cattle not his own, and posses- 
sion of said hide is obtained without the consent of the 
owner or legal representative, he shall be fined in a sum 
not less than twenty nor more than one hundred dollars. 

Article 911. Having Possession of Hide with Brand 
Cut out, etc. — If any person be found in possession of any 
hide of any cattle with brand cut out or disfigured, and 
shall offer the same for sale, he shall be fined in a sum not 


CITY OF BEAUMONT. 


537 


less than twenty nor more than one hundred dollars, and 
the possession and offer of sale of each hide with the 
brand cut out or disfigured shall constitute a separate 
offense; provided, that nothing in this Act shall prevent 
any person who shall be guilty of the offense of theft of 
such hide from being prosecuted and convicted for such 
offense. 

Article 912. Milking Another’s Cow. — If any person, 
without the consent of the owner, shall take up, use or 
milk any cow not his own, he shall , for every such offense 
be punished by a fine not exceeding ten dollars. 

OFFENSES AGAINST LABELS, TRADE MARKS, 
ETC. 

Article 918a. .Unlawful to Use, etc. Trademark of 
Another. — It is hereby declared to be unlawful for any 
person or persons, corporate or otherwise, other than the 
proprietor, or by his written consent, to fill for the pur- 
pose of traffic, or for sale, with any compound whatever, 
any box, syphon, bottle or other container so marked, re- 
corded in the office of the County Clerk, and published 
as provided in Article 318a of the Revised Civil Statutes, 
or to deface, erase, obliterate, cover up, or otherwise re- 
move or cancel any such mark or device. 

Article 918b. Possession Prima Facie Evidence, etc. — to 

knowingly and wilfully have in possession otherwise than 
by contract with the proprietor of the goods herein enum- 
erated, or with his duly accredited agents, any of the ves- 
sels in said article of the Revised Civil Statutes enumer- 
ated, or to use, buy, sell or dispose of any such vessel, 
with or without contents of any kind, except by authority 
of the proprietor, or to wantonly and wilfully break, 
damage, mar, injure or destroy any vessel, is declared 
hereby to be prima facie evidence of such unlawful use, 
and shall constitute a misdemeanor punishable by a fine 
upon conviction in a court of competent jurisdiction, an 
employee being equally liable with the principal so of- 
offending. 


538 


CHARTER AND ORDINANCES. 


Article 918c. Penalties— Any person violating any 
of the provisions of said article of the Revised Civil Sta- 
tutes, shall be deemed guilty of a misdemeanor, and 
npon conviction before a Justice of the Peace shall be 
fined for such unlawful use of each and every box five 
dollars; for each and every syphon, five dollars, for each 
and every bottle and for every other receptacle, except 
a fountain, five dollars; and for each fountain, twenty- 
five dollars; the fines so designated to be to the minimum 
in each case, the maximum not to exceed double the min- 
imum, 

Article 918d. Counterfeiting Trademark, etc— Pen- 
alty. — Whenever any person, association, private corpor- 
ation or union of working men, incorporated or unincor- 
porated, have adopted or shall hereafter adopt for their 
protection any label, trademark, design, device, imprint 
or form of advertisement, indicating that goods to which 
such label, trademark, design, device, imprint or form 
of advertisement shall be attached, were manufactured 
by such person, association, private corporation or un- 
ion, or by a member or members of such association or 
union, it shall be unlawful for any person, inclusive of 
officers, agent, receiver or receivers of corporations, to 
counterfeit or imitate such label, trademark, design, de- 
vice, imprint or form of advertisement or to use such 
counterfeit or imitation of such label, trademark, de- 
sign, device, imprint, or form of advertisement, knowing 
the same to be a counterfeit or imitation, or to aid, assist, 
countenance or knowingly permit such counterfeit or im- 
itation for his own use or benefit, or for the use or bene- 
fit of any corporation of which he may be an officer, 
agent or receiver, every person, whether in his individual 
capacity or as an officer, agent or receiver of a corpora- 
tion, violating this article shall, upon conviction, be pun- 
ished by a fine not less than twenty-five nor more than 
one hundred dollars, and each day’s violation of this ar- 
ticle shall be considered a separate offense. 

Article 918e. Unlawfully Using. — Penalty. — Every 
person, whether in his individual capacity or as the of- 


CITY OF BEAUMONT. 


539 


ficer, agent or receiver of a corporation, who shall wil- 
fully and knowingly use or display the genuine label, 
trademark, design, device, imprint or form of advertise- 
ment, or name of any such person, association or union, 
incorporated or unincorporated, not being authorized 
to use or display the same, or shall aid, assist, counte- 
nance or knowingly permit the use of same, not being 
authorized to use the same, shall, upon conviction, be 
punished by a fine not less than twenty-five nor more 
than one hundred dollars. 

TEACHERS' CERTIFICATE. 

Article 1006. Teacher Contracting with Trustees 
shall Exhibit Certificate, Penalty for Approving, etc. — 

Any county or city superintendent or board of trustees 
who shall approve any teacher's certificate or voucher 
until the person has presented a valid certificate shall 
be guilty of a misdemeanor, and on conviction thereof 
shall be fined not less than twenty-five nor more than 
one hundred dollars. 

Article 1006a. Prohibiting Traffic in Examination 
Questions. — Any person or persons who shall sell, barter 
or give away, prior to any forthcoming examination, to 
applicants for teachers' certificates, or to any other per- 
son, the questions prepared by the State Superintendent 
of Public Instruction to be used by the County Boards of 
Examiners in the examination of teachers at said forth- 
coming examination, shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be fined in any 
sum not less than twenty-five nor more than two hundred 
dollars. 

OFFENSES BY RAILWAY OFFICIALS OF — 
AGAINST RAILWAYS. 

Article 1010a. Locomotive Egineer Failing to Sound 
Bell and Whistle. — Penalty. — A bell of at least thirty 
pounds weight and a steam whistle shall be placed on 
each locomotive engine, and the whistle shall be blown 


540 


CHARTER AND ORDINANCES. 


and the bell rung at the distance of at least eighty rods 
from the place where the railroad shall cross any public 
road or street, and such bell shall be kept ringing until 
it shall have crossed such public road or stopped; and 
each locomotive engine approaching a place where two 
lines of railway cross each other shall, before reaching 
such railway crossing, be brought to a full stop; and any 
engineer having charge of such engine, and neglecting 
to comply with any of the provisions of this article, shall 
be fined in any sum not less than five nor more than 
one hundred dollars for such neglect, and the corporation 
operating such railway shall be liable for alt damages, 
which shall be sustained by any person by reason of such 
neglect; provided, however, that the full stop at such cros- 
sings may be discontinued when the railroads crossing 
each other shall put in full operation at such cossing an 
interlocking switch and signal apparatus, and shall keep 
a flagman in attendance at such crossing. 

Article lOlOh. Unlawful Boarding of Train. — Any 
person who shall board any passenger, freight or other 
railway train, whether moving or standing, for the pur- 
pose and without in good faith intending to become a 
passenger thereon, and with no lawful business thereon, 
and with intent to obtain a free ride on such train, how- 
ever short the distance, without the consent of such per- 
son or persons in charge thereof, shall be guilty of a mis- 
demeanor, and shall be punished by fine of not less than 
five dollars nor more than one hundred dollars. 

REGULATING THE TAKING OF SCHOLASTIC 
CENSUS. 

Article 1024. When the census trustee or assessor 
visits any home or house or place of abode of a family 
and fails to find either the parent or any person having 
legal control, it shall be the duty of the census trustee to 
leave the prescribed census blank for the use of the par- 
ents at such home or place of abode, with a note to the 
parent or guardian having legal control of the child or 
children, requiring that the form be filled out, sworn and 


CITY OF BEAUMONT. 


541 


subscribed to before the census trustee, or an officer 
authorized to administer oaths and that the blank, when 
so filled out, shall be delivered by the parent or person 
having legal control of the child or children to the cen- 
sus trustee. 

Every person having control of any child which will 
be over eight and under seventeen years of age on the 
first day of September next thereafter, and who, being 
requested by the census trustee to prepare said form nec- 
essary to enable the trustee to prpare the same, shall re- 
fuse to do so, or shall refuse to make oath to said form 
when filled according to his statement of facts in regard 
to said children, or shall fail to return the form left at his 
home in his absence, as above required, shall be guilty 
of a misdemeanor, and upon conviction shall be fined 
not less than five nor more than ten dollars. And it shall 
be the duty of the census trustee at once to file with some 
Justice of the Peace of competent jurisdiction complaint 
against such person. Only children of the same family 
shall be listed on one form, and if one person has under 
his control children of different family name, he shall 
use a separate form for each family name. 

The census trustee shall arrange the forms for white 
and colored children separately in alphabetical order, 
according to the family name of the children reported 
thereon. He shall also make, on a prescribed form sepa- 
rate census rolls for white and colored children of his 
district, showing the name, age, sex, and color of each 
child, and the name of the parent, guardian or person 
having control of said children by whom it is reported. 
He shall also make a summary of his rolls showing the 
number of children of each race that will be of the dif- 
ferent ages from eight to sixteen, inclusive, on the first 
day of the next September, which shall continue to be 
the scholastic age, as is now provided by law. He shall 
make oath to his rolls and summaries and to the faithful 
and accurate discharge of his duties, deliver the rolls, 
together with the forms arranged in alphabetical order, 
to the County Superintendent on or before June 1st, after 
his appointment. 


542 


CHARTER AND ORDINANCES. 


Any census trustee who shall wilfully fail or refuse 
to obtain the necessary information in regard to any 
child which will be over eight and under seventeen years 
of age on the first day of September next thereafter, or 
who shall wilfully fail or refuse to include any child 
within said ages in his rolls, or shall wilfully make any 
false report roll or summary, shall be guilty of false 
swearing and shall be punished as prescribed by law for 
that offense. And if the county superintendent finds or 
believes that any census trustee has violated any duty re- 
quired under this Act, such county superintendent shall 
report said census trustee to the grand jury of the county 
at its next session after descovering such breach of duty. 

Article 1025. Violation of the Text Book Act. — Any 

teacher or trustee who shall violate the provisions of this 
Act, shall be deemed guilty of a misdemeanor, and upon 
conviction shall be fined not less than ten nor more than 
fifty dollars for each offense, and every day of 
such violation shall be considered a separate offense. 

PHYSICIANS KNOWINGLY CONCEALING CONTA- 
GIOUS DISEASE. 

Article 478d. Any physician who shall knowingly 
conceal any case of contagious disease, or who shall fail 
to report to the county or city health officer any case 
of contagious disease of which he may have knowledge, 
shall, upon conviction, be fined in any sum not less than 
twenty-five dollars nor more than one hundred dollars. 

REGULATING EMPLOYMENT OF CHILDREN. 

(Laws 1903, page 40). 

Section 1. Any person or any agent or employe of 
any person, firm or corporation, who shall hereafter em- 
ploy any child under the age of twelve years to labor in 
or about any mill, factory, manufacturing establishment, 
or other establishment using machinery, shall be deemed 
guilty of a misdemeanor, and upon conviction shall be 


CITY OF BEAUMONT. 


543 


fined not less than fifty dollars, and not more than two 
hundred dollars, and each day the provisions of this act 
are violated, shall constitute a separate offense. 

Section 2. Any person or any agent or employe of 
any person, firm or corporation, who shall hereafter em- 
ploy any child between the ages of twelve and fourteen 
years (who cannot read or write simple sentences in the 
English language) to labor in or about any mill, factory, 
manufacturing establishment, or other establishment 
using machinery, shall be deemed guilty of a misde- 
meanor, and upon conviction shall be fined not less than 
fifty dollars, nor more than two hundred dollars, and 
each day the provisions of this act are violated shall con- 
stitute a separate offense provided that such child who 
has a widowed mother or parent incapacitated to support 
it, may be employed between the hours of 6 a. m. and 
6 p. m., provided further, that such parent is incapaci- 
tated from earning a living, and has no means of support 
other than the labor of such child; and in no event shall 
any child between the years of twelve and fourteen years, 
be permitted to work outside the hours between 6 a. m. 
and 6 p. m. 

Section 3. Any person or agent or employe of any 
person, firm or corporation, owning, operating or assist- 
ing in operating any mine, distillery or brewery, who shall 
employ any child under the age of sixteen years to labor 
in or about any mine, distillery or brewery, shall be 
deemed guilty of a misdemeanor and upon conviction 
shall be fined not less than fifty, nor more than two hun- 
dred dollars. 

PROHIBITING SELLING LIQUOR TO DRUNKARDS. 

Laws 1903, page 69. 

Section 1. Any person who shall knowingly sell or 
give, or cause to be sold or given, or who shall be instru- 
mental in the giving, selling or procuring of any spirit- 
uous, vinous or malt liquors, or medicated bitters capable 
of producing intoxication, to any person who is a habit- 


544 


CHARTER AND ORDINANCES. 


ual drunkard, shall be fined not less than twenty-five 
nor more than one hundred dollars. 

DISINFECTING PUBLIC BUILDINGS, ETC. 

Laws 1903, Page 180. 

Section 1. That it shall be the duty of the State 
Pealth Officer of Texas, and he is hereby authorized and 
empowered to prepare rules and regulations governing 
the proper disinfection and sanitation of public buildings 
and all railway coaches and sleeping cars operated in 
the State of Texas. • 

Section 2. It shall be his duty and he is hereby auth- 
orized and empowered to prescribe a sanitary code which 
shall contain and provide rules and regulations of gen- 
eral nature for the improvement and amelioration of the 
hygienic and sanitary condition of said public buildings, 
railway coaches and sleeping cars. 

Section 3. Every person having control of any pub- 
lic building, railway company, sleeping car company, or 
other corporation, company or individual or the receiver 
thereof, engaged in the carrying of passengers of this 
State, shall at their own expense within a prescribed time 
after receiving notice from the State Health Officer of the 
promulgation of the rules and regulations in the above 
sections mentioned, carry the same into effect. 

Section 4. If any person having control of any pub- 
lic building, or any agent, manager, operator, employe 
or receiver of any railway company, sleeping car com- 
pany, or any individual shall fail to comply with the pro- 
visions of this Act, and the rules and regulations promul- 
gated by the State Health Officer under the provisions 
thereof, he shall be deemed guilty of a misdemeanor, and 
upon conviction shall be punished by a fine of not less 
than fifty, nor more than two hundred dollars. 


CITY OF BEAUMONT. 
DIVERSION FROM METERS. 
Laws 1905, Page 205. 


545 


Section 1. That whoever intentionally by any 
means or device prevents electric current, water or gas, 
from passing through any meter or meters belonging to a 
person, corporation, or company, engaged in the manu- 
facture or sale of electricity, water or gas, for lighting, 
power or other purposes, furnished such person to reg- 
ister the current of electricity, water or gas, passing 
through meters; or intentionally prevents a meter from 
duly registering the quantity of electricity, water or 
gas, supplied, or in any way interferes with its proper ac- 
tion or just registration, or without the consent of such 
person, corporation or company, intentionally diverts 
any electric current from any wire or water or gas from 
any pipe or pipes of such person, corporation or com- 
pany, or otherwise intentionally uses or causes to be 
used without the consent of such person, corporation or 
company any electricity or gas manufactured, or wafer 
produced or distributed by such person, corporation or 
company, or any person, corporation or company who 
retains possession of or refuses to deliver any meter or 
meters, lamp or lamps, or other appliances which may 
be or may have been loaned them by any person, corpora- 
tion or company for the purpose of furnishing electricity, 
water or gas through the same with the intent to defraud 
such person, corporation or company; or any person, cor- 
poration or company engaged in the manufacture and 
sale of electricity, water or gas for lighting, power or 
other purposes, shall knowingly misread any meter, or 
overcharge any customer for such light, water or gas fur- 
nished, shall for every offense be punished by a fine of 
not less than twenty-five dollars, and not more than one 
hundred dollars. Every person, corporation or firm en- 
gaged in the business referred to in this act shall keep 
displayed at all times in a conspicuous place in their 
office, a printed copy of this act. 


546 CHARTER AND ORDINANCES. 

DRUGS— REGULATING SALE OF COCAINE, ETC. 


Laws 1905. Page 45-46. 

Section 1. That it shall be unlawful for any person, 
firm or corporation, to sell, furnish or give away cocaine, 
salts of cocaine or preparations containing cocaine or 
salts of cocaine or any morphine or salts of morphine, or 
any preparations containing morphine or salts of mor- 
phine, or any opium or preparations containing opium, 
or any chloral. hydrate or preparations containing chloral 
hydrate except upon the original written or- 
der or prescription of a lawfully author- 
ized practitioner of medicine, dentistry or 
veterinary medicine, which order or prescription shall 
be dated and shall contain the name of the person for 
whom prescribed, and if ordered by a practitioner of vet- 
erinary medicine, shall state the kind of animal for which 
ordered and shall be signed by the person giving the pre- 
scription or order. Such written order or prescription 
shall be permanently retained on file by the person, firm 
or corporation, who shall compound or dispense the 
article ordered or prescribed and it shall not be recom- 
pounded or dispensed a second time, except upon the 
written order of the original prescriber for each and 
every subsequent compounding or dispensing. No copy 
or duplicate of such written order or prescription 
shall be made or delivered to any person, 
but the original shall at all times be open to inspection 
by properly authorized officers of the law. Provided, 
however, that the above provision shall not apply to 
preparations containing not more than two grains of 
opium, nor more than one-eighth grain of morphine, 
nor not more than two grains of chloral hydrate, nor not 
more than one-sixteenth grain of cocaine, in one fluid 
ounce, or if a solid preparation, in one avoirdupois ounce ; 
provided also that the above provision shall not apply 
to preparations recommended in good faith for diarrhoea 
or cholera, each bottle or package of which is accom- 
panied by specific directions for use, and the caution 
against habitual use7 nor to liniments or ointments when 


CITY OF BEAUMONT. 


547 


plainly labeled ‘ 4 For External Use Only. ’ ’ And provided 
further, that the above provisions shall not apply to sales 
at wholesale by jobbers, wholesalers and manufacturers to 
retail druggists, nor to sales at retail by retail druggists 
to regular practitioners of medicine, dentistry or veterin- 
ary medicine, nor to sales made to manufacturers of pro- 
prietary or pharmaceutical preparations for use in the 
manufacture of such preparations, nor the sale to hos- 
pitals, colleges, scientific or public institutions; nor to 
the sale of patent or proprietary medicines sold by drug- 
gists or others containing any of the foregoing sub- 
stances, the sale of which is prohibited by this act; pro- 
vided such preparations be not compounded or sold for 
the purpose of the evasion of this act. 

Section 2. It shall be unlawful for any practitioner of . 
medicine, dentistry or veterinary medicine to furnish or 
to prescribe for the use of any habitual user of the same, 
any cocaine or morphine, or any salts or compounds of 
cocaine or morphine, or any preparation containing co- 
caine or morphine or their salts, or any opium, or chloral 
hydrate or any preparation containing opium or chloral 
hydrate, and it shall also be unlawful for any practitioner 
of dentistry to prescribe any of the foregoing substances 
for the use of any person not/under his treatment in the 
regular practice of his profession, or for any practitioner 
of veterinary medicine to prescribe any of the foregoing 
substances for the use of any human being; provided, 
however, that the provisions of this section shall not be 
construed to prevent any lawfully authorized practitioner 
of medicine from prescribing in good faith for the use of 
any habitual user of narcotic drugs such substances as 
he may deem necessary for the treatment of such habit. 

Section 3. Any person who shall knowingly violate 
any of the provisions of this act shall be deemed guilty 
of a misdemeanor, and upon conviction for the first of- 
fense shall be fined not less than twenty-five ($25.00) 
dollars nor more than fifty ($50.00) dollars and upon a 
conviction for a second offense shall be fined not less than 


548 


CHARTER AND ORDINANCES. 


fifty ($50.00) dollars nor more than one hun- 
dred ($100.00) dollars, and upon conviction for a 
third and all subsequent offenses shall be fined not less 
than one hundred dollars ($100.00) nor more than two 
hundred ($200.00) dollars, and shall be imprisoned in the 
county jail for not less than six months.. It shall be the 
duty of the grand jury to make presentments for vila- 
tions of this act. 

Section 4. All laws and parts of laws in conflict 
herewith are hereby repealed. 

PROHIBITING DRINKING LIQUORS ON TRAINS. 
(Laws 1907, page 51-2. 

Section 1. That it shall be unlawful for any person 
to drink intoxicating liquors of any kind in or upon any 
railway passenger train, or coach or closet vestibule 
thereof or platform connected therewith, while said pas- 
senger train or coach is in the service of passenger trans- 
portation within this State. Provided that nothing in 
this act shall be construed to prevent the use of intoxi- 
cating liquors as stimulant in case of actual sickness of 
the person using said stimulant. 

Section 2. Any person violating Section 1 of this act 
shall be deemed guilty of a misdemeanor, and upon con- 
viction shall be fined in any sum not less than ten dollars 
nor more than one hundred dolalrs. 

PROHIBITING COCK FIGHTS. 

— 

Laws 1907, page 156. 

Section 1. That any person who shall match or be 
concerned in matching any cock fight or who shall or be 
concerned in matching or causing a fight between any ani- 
mals or fowls, or who shall keep or be concerned in keep- 
ing any cockpit or other place for the purpose of match- 
ing fights between cocks or any other animals or fowls, 
shall be deemed guilty of a misdemeanor, and upon con- 
viction shall be fined in any sum not less than ten nor 


CITY OF BEAUMONT. 


549 


more than one hundred dolars. Each day such cock pit 
or other place as aforesaid shall be kept shall constitute a 
separate offense. 

USING VULGAR, ETC., LANGUAGE OVER PHONES. 

Laws 1909, Page 87. 

Section 1. If any person shall use any vulgar, pro- 
fane, obscene or indecent language over or through any 
telephone in this State, h shall b guilty of a misdmeanor, 
and on conviction shall be fined in any sum not lss than 
five dollars, nor more than one hundred dollars. 

CHAPTER XLIX. 

EXTRACTS FROM THE STATE CONSTITUTION 
RELATING TO THE MUNICIPAL CORPORATIONS. 

(For Revised Code of Ordinances of Beaumont). 

Religious Opinions No Disqualification as a Witness 
— Perjury. — No person shall be disqualified to give evi- 
dence in any of the Courts of this State on account of his 
religious opinions, or for want of any religious belief, 
but all oaths or affirmations shall be administered in the 
mode most binding upon the conscience, and shall be 
taken subject to the pains and penalties of perjury. Bill 
of Rights, Section 5. 

Unreasonable Seizures and Searches Forbidden. — 

The people shall be secure in their persons, houses, papers 
and possession from all unreasonable seizures and searches 
and no warrant to search any place, or to seize any person 
or things, shall issue without describing them as near as 
may be, nor without probable cause, supported by oath, 
or affirmation. Bill of Rights, Section 9. 

Rights of Accused Persons in Criminal Prosecutions. 

— In all criminal prosecutions the accused shall have a 
speedy and public trial by an impartial jury. He shall 
have a right to demand the nature and cause of the accu- 
sation against him, and to have a copy thereof. He shall 


550 


CHARTER AND ORDINANCES. 


not be compelled to give evidence against himself. He 
shall have the right of being heard by himself or counsel 
or both; shal be confronted with the witnesses against 
him and shall have compulsory process for obtaining wit- 
nesses in his favor, and no person shall be held to answer 
a criminal offense, unless on indictment of a grand jury, 
except in cases in which the punishment is by fine, or 
imprisonment otherwise than in the penitentiary, in cases 
of impeachment and in cases arising in the army or navy, 
or in the militia when in actual service, in time of war or 
public danger. Bill of Rights, Section 10. 

Bailable Offenses. — All prisoners shall be bailable by 
sufficient sureties, unless for capital offenses when the 
proof is evident; but this provision shall not be so con- 
strued as to prevent bail after indictment found, upon 
examination of the evidence in such manner as may be 
provided by law. Bill of Rights, Section 11. 

Trial by Jury. — The right of trial by jury shall 
remain inviolate. The Legislature shall pass such laws as 
may be needed to regulate the same, and to maintain its 
purity and efficiency. Bill of Rights, Section 15. 

Compensation for Property Taken for Public Use 
— Irrevocable or Uncontrollable Grants of Special Privil- 
eges Forbidden. — No person’s property shall be taken, 
damaged or destroyed for, or applied to public use, with- 
out adequate compensation being made, unless by the 
consent of such person, and when taken, except for the 
use of the State, such compensation shall be first made, 
but all privileges and franchises granted by the Legisla- 
ture, or created under its authority, shall be subject to 
the control thereof. Bill of Rights, Section 17. 

Right to Keep and Bear Arms— Every citizen shall 
have the right to keep and bear arms in lawful defense 
of himself or the State; but the Legislature shall have 
the power by law to regulate the wearing of arms with a 
view to prevent crime. Bill of Rights, Section 23. 

The following classes of persons shall not be allowed 
to vote in this State: 

1. Persons under twenty-one years of age. 


CITY OF BEAUMONT. 


551 


2. Idiots or lunatics. 

3. All paupers supported by the county. 

4. All persons convicted of any felony, except those 
restored to full citizenship and right of suffrage, or 
pardoned. 

5. All soldiers, mariners and seamen employed in 
the service of the army and navy of the United States. 
(Article 6, Section 1.) 

State and County Qualifications For Voters. — Every 
male person subject to none of the foregoing disqualifica- 
tions, who shall have attained the age of twenty-one 
years, and who shall be a citizen of the United States, and 
who shall have resided in this State for one year next pre- 
ceding an election, and the last six months within the dis- 
trict or county in which he offers to vote, shall be deemed 
a qualified elector; every male person of foreign birth, 
subject to none of the foregoing disqualifications, who 
not less than six months before an election at which he of- 
fers to vote shall have declared his intention to become a 
citizen of the United States, in accordance with the Feder- 
al Naturalization Laws, and shall have resided in this 
State one year next preceding such election, and the last 
six months in the county in which he offers to vote shall be 
deemed a qualified elector and all electors shall vote in the 
election precinct of their residence; provided, that the el- 
ectors living in any unorganized county may vote at any 
election precinct in the county to which such county is 
attached for judicial purposes ; and provided further, that 
any voter who is subject to pay a poll tax under the laws 
of the State of Texas, shall have paid said taxes before he 
offers to vote at any election in this State, and holds a 
receipt showing the payment of his poll tax before the 
first day of February next preceding such election. Or 
if said voter shall have lost or misplaced said tax receipt 
he shall be entitled to vote upon making affidavit before 
any officer authorized to administer oaths that such tax 
receipt has been lost. Such affidavit shall be made in 
writing and left with the judge of the election ; and this 
provision of the Constitution shall be selfenacting with- 
out the necessity of further legislation. (Art. VI, Sec. 2). 


552 


CHARTER AND ORDINANCES. 


Right of Qualified Voters to Vote for Mayor and 
Other Elective Officers. — All qualified electors of this 
State, as described in the foregoing articles who shall 
have resided for six months immediately preceding an 
election within the limits of any city or corporate town, 
shall have the right to vote for Mayor and all other elec- 
tive officers; but in all elections to determine the expen- 
diture of money or assumption of debt, only chose shall 
be qualified to vote who pay taxes on property in such 
city or incorporated town; provided, that no poll tax 
for the payment of debts thus incurred shall be levied 
upon the persons debarred from voting in relation there- 
to. (Art. VI., Sec. 3). 

Voters Privileged from Arrest, Exceptions. — Voters 
shall in all cases except treason, felony or breach of the 
peace, be privileged from arrest during their attendance 
at elections, and going to and returning therefrom. (State 
Constitution, Art. VI., Sec. 5). 

Power to Tax Corporations Shall not be Surrendered 
or Suspended. — The power to tax corporations and cor- 
porate property shall not be surrendered or suspended by 
act of the Legislature by any contract or grant to which 
the State shall be a party. (State Constitution, Art. VIII, 
Sec. 4). 

Taxation of Railroad Property. — All property of 
railroad companies of whatever description, lying or be- 
ing within the limits of any city or incorporated town 
within this State, shall bear its proportionate share of 
municipal taxation, and if such property shall not have 
been heretofore rendered, the authorities of the city or 
town within which it lies shall have the power to require 
its rendition, and collect the usual municipal tax there- 
on, as on other property lying within said municipality. 
(State Constitution, Art. VIII, Sec. 5). 

Control of Street for Street Railway Purposes. — No 
law shall be passed by the Legislature granting the right 
to construct and operate a street railroad within any 
city, town or village, or upon any public highway, with- 
out first requiring the consent of the local authorities 
having control of the streets or highways proposed to be 


CITY OF BEAUMONT. 553 

occupied by such street railroad. (State Constitution, 
Art. X, Sec. 7). 

Municipal Corporations Shall not be Stock Holders 
in, or Aided by Appropriation or Loan or Credit to, any 
Private Corporation. — No countty, city of other municipal 
corporation shall hereafter become a subscriber to the 
capital of any private corporation or association or make 
any appropriation or donation to the same, or in anywise 
loan its credit, but this shall not be construed to in any 
way affect any obligation heretofore undertaken pur- 
suant to law. (State Constitution, Art. XI, Sec. 3). 

Charters by Special Act; Municipal Powers of Tax- 
ation; Limitation; Creation of Debt. — Cities having more 
than ten thousand inhabitants may have their charters 
granted or amended by special act of the Legislature and 
may levy, assess and collect such taxes as may be au- 
thorized by law, but no tax for any purpose shall ever 
be lawful, for any one year, which shall exceed two and 
one-half per cent of the taxable property of such city; 
and no debt shall ever be created by any city, unless at 
the same time provision be made to assess and collect 
annually a sufficient sum to pay the interest thereon 
and create a sinking fund of at least two per cent thereon. 
(State Constitution, Art. XI, Sec. 5). 

Power to Levy Taxes to Pay Debts. — Coupons and 
Bonds Receivable in Payment — Counties, cities and towns 
are authorized in such mode as may now or may hereafter 
be provided by law, to levy, assess and collect the taxes 
necessary to pay the interest and provide a sinking fund 
to satisfy any indebtedness heretofore legally made and 
undertaken, but all such taxes shall be assessed and col- 
lected separately from that levied, assessed and collected 
for current expenses of municipal government, and shall, 
when levied, specify, in the act of levying, the purpose 
therefor, and such taxes may be paid in coupons, bonds 
or other indebtedness for the payment of which such 
lax may have been levied. (State Constitution, Art. XI, 
Sec. 6). 


554 CHARTER AND ORDINANCES. 

City Property Exempt for Execution and Taxation, 
Proviso. — The property of counties, cities and towns, 
owned and held for public purposes, such as public build- 
ings, and the sites therefor, fire engines and furniture- 
thereof, and all property used or intended for extinguish- 
ing fires, public grounds, and all other property devoted 
excusively to the use and the benefit of the public, shall 
be exempt from forced sale and from taxation ; pro- 
vided, nothing herein shall prevent the enforcement of the 
vendor’s lien, the mechanic’s or builders’ lien, or other 
liens now existing. (State Constitution, Art. XI, Sec. 9), 

City may be Made an Independent School District, 
and May Levy and Collect a Tax to Support Institutions 
of Learning. — The Legislature may constitute any city or 
town a separate and independent school district And 
when the citizens of any city or town have a charter au- 
thorizing the city authorities to levy and collect a tax 
for the support and maintenance of a public institution 
of learning, such tax may hereafter be levied and collect- 
ed, if, at an election held for that purpose, two-thirds 
of the tax payers of such city or town shall vote for such 
tax . (State Constitution, Art. XI, Sec. 10). 

Oath of Office. — Members of the legislature, and all 
officers, before they enter upon the duties of their office, 

shall take the following oath or affirmation: “I 

do solemnly swear (or affirm! 

that I will faithfully and impartially discharge and per- 
form all the duties incumbent upon me as 

according to the best of my skill and ability, agreeable to 
the constitution and laws of the United States and of this 
State; I do further solemnly swear, (or affirm) that 
since the adoption of the constitution of this State, I, be- 
ing a citizen of this State, have not fought a duel with 
deadly weapons, within this State, nor out of it, nor have 
I sent or accepted a challenge to fight a duel with deadly 
weapons, nor have I acted as a second in carrying a chal- 
lenge, or aided, advised or assisted any person thus of- 
fending. And I furthermore solemnly swear (or affirm) 
that 1 have not, directly or indirectly, paid, offered or 


CITY OF BEAUMONT. 


555 


promised to pay, contributed, nor promised to contribute, 
any money or valuable thing, nor promised any public 
office or employment, as a reward for the giving or with- 
holding of a vote at the election at which I was elected 
(or if the office is one of appointment, to secure my ap- 
pointment). So held me God.” (State Constitution, Art. 
XVI, Sec. 1). 

Disfranchisement for Participating in a Duel. — Any 

citizen of this State who shall, after the adoption of this 
constitution, fight a duel with deadly weapons, or send 
or accept a challenge to fight a duel with deadly weapons, 
either within this State or out of it, or who shall act as 
a second, or knowingly assist in any manner those thus 
offending, shall be deprived of the right of suffrage, or 
of holding any office of trust or profit under this State. 
(State Constitution, Art. XVI, Sec. 4). 

Giving or Offering a Bribe Disqualifies for Holding 
Office. — Every person shall be disqualified from holding 
any office of profit or trust in this State, who shall have 
been convicted of having given or offered a bribe to pro- 
cure his election or appointment. (State Constitution, 
Art. XVI, Sec. 4). 

Giving or Offering a Bribe Disqualifies for Holding 
Office. — Every person shall be disqualified from holding 
any office of profit or trust in this State, who shall have 
been convicted of having given or offered a bribe to pro- 
cure his election or appointment. (State Constitution, 
Art. XVI, Sec. 5). 

Officers Hold Over Until Their Successors Qualify. — « 

All officers within this State shall continue to perform the 
duties of their office until their successors shall be duly 
qualified. (State Constitution, Art. XVI, Sec. 17). 


556 CHARTER AND ORDINANCES. 

CHAPTER L. 

EXTRACTS FROM THE CODE OF CRIMINAL PRO- 
CEDURE RELATING TO THE POWERS AND DU- 
TIES OF MAYOR OR RECORDER, MARSHAL 
AND POLICEMEN OF MUNICIPAL CORPORA- 
TIONS. 

Article 41. Magistrates. — Either of the following of- 
ficers is a “Magistrate” within the meaning of this code. 
The Judge of the Supreme Court, the Judges of the Court 
of Appeals, the Judges of the District Court, the County 
Judge, either of the Cpunty Commissioners, the Justices 
of the Peace, the Mayor or Recorder of an incorporated 
city or town. C. C. P. Art. 41 (42). 

Article 42. Duties of Magistrates. — It is the duty of 
every magistrate to preserve the peace within his juris- 
diction by the use of all lawful means ; to issue all process 
intended to aid in preventing and suppressing crime; to 
cause the arrest of offenders by the use of lawful means, 
in order that they may be brought to punishment .C. C. P. 
Art. 42 (43). 

Article 43. Peace Officers. — The following are ''Peace 
Officers:” The Sheriff and his deputies, Constable, the 
Marshal (Chief of Police), Constable or Policeman of any 
incorporated town or city, and any private person spe- 
cially appointed to execute criminal process. C. C. P. 
Art. 43 (44). 

Article 44. Duties of Peace Officers. — It is the duty 
of every peace officer to preserve ‘the peace within his 
jurisdiction. To effect this purpose, he shall use all law- 
ful means. He shall, in every case where he is authorized 
by the provisions of this code, interfere without warrant, 
to prevent or suppress crime. He shall execute all lawful 
process issued to him by any magistrate or court. He 
shall give notice to some magistrate of all offenses com- 
mitted within his jurisdiction, where he has good reason 
to believe there has been a violation of the x^enal code. 
He shall arrest offenders without warrant in every case 


CITY OF BEAUMONT. 


557 


where he is authorized by the law in order that they may 
be taken before the proper magistrate or court, -and be 
brought to punishment. C. C. P. Art. 44 (45). 

Article 45. Peace Officer May Summon Citizens 
to His Assistance. — Wherever a peace officer meets with 
resistance in discharging any duty imposed upon him 
by law, he shall summon a sufficient number of citizens 
of his county to overcome the resistance, and all persons 
summoned are bound to obey, and if they refuse are 
guilty of the offense prescribed in Article 229 of the Penal 
Code, C. C. P. Art. 45 (46). 

Article 46. Duty of Peace Officer in Case of Refusal 
of Assistance by Citizen. — The peace officer, who has 
summoned any person to assist him in performing any 
duty, shall report such person, if he refuses to obey, to 
the District or County Attorney of the proper District 
or County in order that he may be prosecuted for the of- 
fense. C. C. P. Art. 46 (47). 

Article 47. Penalty for Failure by Officer to Execute 
Process. — If any sheriff or other officer shall wilfully re- 
fuse, or fail from neglect, to execute any summons, sub- 
poena or attachment for a witness, or any other legal 
process, which is made his duty by law to execute, he 
shall be liable to a fine for contempt of not less than 
ten nor more than two hundred dollars, at the discretion 
of the court having cognizance of the same, and the pay- 
ment of said fine shall be enforced in the same manner 
as fines for contempt in civil cases. C. C. P. Art. 47 (48). 

Article 98. Jurisdiction of Mayors’ and Recorders’ 
Courts. — Mayors and Recorders of incorporated cities 
and towns shall have and exercise the same jurisdiction 
as Justices of the Peace, within the limits of their re- 
spective corporations, and the provisions of this Code 
governing Justices’ Courts, shall apply to Mayors’ and 
Recorders’ Courts. C. C. P. Art. 98 (78). 

Article 99. May try Criminal Causes at any Time — 
Justices of the Peace, Mayors and Recorders may sit at 
anv time to try criminal causes over which they have jur- 
isdiction. C. C. P. Art. 99 (79). 


558 


CHARTER AND ORDINANCES. 


Article 247. Arrest Without Warrant, When.— A 

peace officer or any other person may without warrant 
arrest an offender when the offense is committed within 
the presence or within liis view, if the offense is one class- 
ed as a felony, or as an offense against the public peace. 
C. C. P. Art. 247 (226). 

Article 248. Arrest when Ordered by Magistrate.— 

A peace officer may arrest without warrant when a fel- 
ony or breach of the peace has been committed in the pres- 
ence or within the view of a magistrate, and such mag- 
istrate shall verbally order the arrest of the offender. 
C. C. P. Art. 247 (227). 

Article 249. Cities may Establish Rules for Arrest 
Without Warrant. — The municipal authorities of towns 
and cities may establish rules authorizing the arrest with- 
out warrant of persons found in suspicious places, and 
under circumstances that reasonably show that such per- 
sons have been guilty of some felony or breach of the 
peace; or threaten or are about to commit som© offense 
against the laws. C. C. P. Art 249 (228). 

Article 250. Arrest Without Warrant Upon Informa- 
tion to Prevent Escape. — Where it is shown by satisfac- 
tory proof to a peace officer, upon the presentation of 
a credible person, that a felony has been committed, and 
that the offender is about to escape so that there is no 
time to produce a warrant, such peace officer may with- 
out warrant pursue and arrest the person accused. C. 0. 
P. Art. 250 (229). 

Article 251. Officer Making Arrest With or Without 
Warrant may Adopt Same Measures.— In all cases en- 
umerated where arrests may be lawfully made without 
warrant the officer or other person making the arrest is 
justified in adopting all the measures which he might 
adopt in cases of arrest under warrant, as provided in this 
code. C. C. P. Art. 251 (230). 

Article 252. Persons Arrested Shall be Immediately 
Taken Before Magistrate.— In all cases enumerated in 
this chapter, the person making the arrest shall immedi- 


CITY OF BEAUMONT. 


559 


ately take the person arrested before th magistrate who 
may have ordered the arrest, or before the nearest mag- 
istrate where the arrest was made, without an order. C. 
C.P. Art, 252 (231). 

Article 929. Criminal Jurisdiction of Mayors’ Court. 

— The Mayor, or the officer by law exercising the duties 
usually incumbent upon the Mayors of incorporated towns 
and cities, and Recorders thereof, shall exercise within 
the corporate limits of their respective towns or cities 
the same criminal jurisdiction which belong to the Jus- 
tices of the Peace, within their jurisdiction, under the 
provisions of this code. C. C. P. Art. 929 (894). 

Article 930. Rules of Procedure Before Mayor’s 
Court. — The proceedings before Mayors and Recorders 
shall be governed by the same rules which are prescribed 
for Justices of the Peace, and every provision of this 
code, with respect to a Justice, shall be construed to ex- 
tend to Mayors and Recorders within the limits of their 
jurisdiction. C. C. P. Art. 930 (895). 

Article 931. Concurrent Jurisdiction of the Mayor 
and Justice of the Peace; no Person Shall be Tried Twice 
for the Same Offense; Proviso. — The jurisdiction given 
to Mayors and Recorders of incorporated towns and cities 
shall not prevent Justices of the Peace from exercising 
the criminal jurisdiction conferred upon him: but in all 
cases where there is an incorporated town or city within 
the bounds of a county, the Justice and the Mayor, or 
Recorder, shall have concurrent jurisdiction within the 
limits of such town or city; and no person shall be punish- 
ed twice for the same act or ommission, although such act 
or omission may be an offense against the penal lawis 
of the State; as well as against the ordinances of such 
city or town; provided, that no ordinance of a city or 
town shall be valid which provides a less penalty for an 
act, omission or offense, than is prescribed by the sta- 
tutes, where such an act or omission is an offense against 
the State, C. C. P. Art. 931 (896). 

Artile 932. Process by Mayor or Recorder; How Di- 


560 


CHARTER AND ORDINANCES. 


rected. — Warrants issued by the Mayor or Recorder are 
directed to the Marshal, or other proper officer of the 
town or city where the criminal proceedings is had; but 
in case there be no such officer, the process issued by the 
Mayor or Recorder shall be directed to any peace officer 
within the city, town or county, and shall be executed by 
such officers. C. C. P. Art. 932 (897). 

Article 933. Where Process May be Executed. — 

When the party, for whose arrest a warrant is issued by 
a Mayor or Recorder, is not to be found within the limits 
of the incorporation, the same may be executed anywhere 
within the limits of the county which such corporation 
is included, by the marshal, or other proper officer of 
such town or city or by any peace officer of such county, 
and may be executed in any county in the State under 
the same rules governing warrants of arrest issued by the 
Justice of the Peace. C. C. P. Art. 933 (898). 

Art. 934. The Mayor’s or Recorder’s Docket, What 
it Shall Show. — Each Justice of the Peace, Mayor and Re- 
corder, shall keep a docket in which he shall enter the pro- 
ceedings in all examinations and trials for criminal of- 
fenses had before him, which docket shall show : 

1. The style of the action. 

2. The nature of the offense charged. 

3. The date of the issuance of the warrant and tie 
return made thereon. 

4. The time when the examination or trial was had, 
and, if the same was a trial, whether it was by jury or by 
himself. 

5. The verdict of the jury, if any. 

6. The judgment of the court. 

7. Motion for new trial, if any, and the action of the 
court thereon. 

8. Notice of appeal, if any. 

9. The time when and the manner in which the judg- 
ment was enforced. 

C. C. P. Art. 934 (899). 

Article 935. Certified Transcript of Docket to be Fil- 
ed with the Clerk of the District Court.— At each term of 


CITY OF BEAUMONT. 


561 


the District Court each Justice of the Peace, Mayor and 
Recorder in each county shall on the first day of the term 
of said court for their county, file with the clerk of said 
court a certified transcript of the docket kept by such 
Justice, Mayor or Recorder, as required by the preceding 
article, of all criminal cases examined or tried before 
him since the last term of such District Court; and the 
Clerk of such Court shall immediately deliver such tran- 
script to the foreman of the grand jury. C. C. P. Art. 


562 


CHARTER AND ORDINANCES. 


CHAPTER I. 

BOND ISSUES. 

FUNDING— GENERAL INDEBTEDNESS. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, bonds to the extent of fourteen thou- 
sand dollars to be called the City of Beaumont funding 
bonds for and in behalf of the City of Beaumont to bor- 
row money on the faith and credit of the City of Beau- 
mont to be used in taking up and paying off and cancell- 
ing all outstanding script indebtedness issued against the 
general fund of the said city, and against the Street and 
Bridge fund of the city and issued prior to the 5th day 
of August, A. D. 1899, against each of said funds to meet 
the current expenses of the said city prior to the 5th day 
of August, 1899, the said bonds provided for herein be- 
ing issued under and by authority of Section forty- eight 
(48) of the Charter of the City of Beaumont which pro- 
vides for the funding or refunding of all or any part of 
the general or script indebtedness of the City of Beau- 
mont. 

Sec. 2. That the Mayor of the City of Beaumont is 
hereby instructed to prepare Fourteen Thousand Dollars 
Bonds in denominations of Five Hundred Dollars each 
payable in current coin or other lawful money of the 
United States of America and shall be numbered from one 
to twenty-eight inclusive, said bonds to be dated the 5th ■ 
day of August, A. D. 1899 and shall become due and pay- 
able forty years after date, but shall be redeemable at the 
option of the City of Beaumont at any time after twenty 
years after date thereof and bear interest at the rate of 
five per cent per annum, interest payable semi-annually on 
the first day of January and July of each year thereaf- 
ter up to and including the 5th day of August A. D. 1939 
as per interest coupons attached to said bonds. Tire bonds 


CITY OF BEAUMONT. 


563 


herein provided for shall be signed by the Mayor and 
countersigned by the City Secretary and shall bear the 
impress of the seal of the City of Beaumont, Texas. The 
coupons shall bear the engraved signature of the Mayor 
and the City Secretary and both principal and interest 
shall be payable at the National Bank of the City of New 
York, N. Y. 

Sec. 3. Said bonds when prepared si jail be placed 
in the hands of the Mayor of the City of Beaumont, and 
said Mayor shall, as soon as practicable, proceed to sell 
the same at either private or public sale, at not less than 
par and accrued interest. The proceeds of said bonds 
when so sold shall be placed in the hands of the City 
Treasurer of the City of Beaumont to be used by him in 
paying off and cancelling all outstanding script of the 
said city issued prior to the 5th day of August, A. D. 
1899 against the general fund and against the Street and 
Bridge Fund of the City of Beaumont. 

Sec. 4. For the purpose of paying interest on said 
bonds as provided for in this ordinance and creating a 
sinking fund sufficient to redeem them at maturity, there 
is hereby levied for the year 1899, on each one hundred 
($100.00) dollars valuation of property in the City of 
Beaumont liable to taxation a special ad valorem tax 
of.five and one-half cents and said tax or as much thereof 
as may be necessary is also levied for each succeeding 
year so long as may be necessary to provide for the in- 
terest and sinking fund aforesaid on the entire amount 
of said bond and if at any time the amount of said assess- 
ment shall not be sufficient to provide for the interest 
and sinking fund aforesaid, then it shall be the duty of 
the City Council of the City of Beaumont, to increase 
said assessment so that a sufficient sum shall be realized 
to meet the requirements for the interest and sinking- 
fund for said bonds. And it is hereby promised and agreed 
that such increase shall be made if required for the pur- 
pose named. That to meet the interest and sinking fund 
to become due on this issue of bonds during the year 
1899, there is hereby appropriated out of the tax hereto- 


564 


CHARTER AND ORDINANCES. 


fore levied to meet the interest and sinking fund on the 
outstanding bonded indebtedness or said city, a suffic- 
ient amount to meet the same. 

Sec. 5. That this ordinance be in force and take ef- 
fect from and after its passage. Approved this 4th day 
of August, 1899. 

Whereas, at an election held for the purpose on the 
11th day of November, 1902, a majority of the qualified 
voters, who are property tax payers of the City of Beau- 
mont, Texas, voting at said election, sustained the pro- 
position to issue the bonds hereinafter described by a 
vote of 280 for the issuance of said bonds and a vote 
of 38 against the issuance of said bonds, therefore: 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City Coun- 
cil of the City of Beaumont, Texas, bonds for and in 
behalf of the City of Beaumont, to borrow money upon 
the credit of the city for the purpose of funding its gen- 
eral indebtedness, evidenced by script heretofore issued 
and now outstanding. 

Sec. 2. That the Mayor is hereby instructed co have 
prepared twenty-five bonds of the denomination of one 
thousand dollars each, aggregating the sum of $25,- 
000.00, payable in current coin or other lawful money of 
the United States of America, and to be numbered con- 
secutively from one to twenty-five inclusive. 

i Sec. 3. Said bonds shall be dated the 1st day of De- 
cember, 1902, and shall run forty years from their date, 
but the right shall be reserved by the city, to redeem the 
same at any time after twenty years from their date. 

Sec. 4. Said bonds shall bear interest from their 
date at the rate of four per cent per annum payable semi- 
annually on the first day of December and the first day 
of June of each year, according to the tenor of interest 
coupons thereto attached; said bonds shall be signed by 
the Mayor, countersigned by the City Secretary, and 


CITY OF BEAUMONT. 


565 


registered by the City Treasurer and the seal of the city 
shall be impressed upon each of them; the coupons shall 
bear the engraved signature of the Mayor and City Sec- 
retary. 

Sec. 5. Principal and interest shall be payable on 
presentation and surrender of the bonds or proper cou- 
pons at the office of the City Treasurer of the City of 
Beaumont, Texas, or at the Seaboard National Bank of 
the City of New York, N. Y., at the option of the holder. 

Sec. 6. It is also ordained that the Mayor be author- 
ized to take and have charge of said bonds pending tl.eii 
investigation by the Attorney General, and upon their 
approval and registration, shall proceed to sell the same 
at public or private sale at not less than their face value, 
ue, the proceeds of the bonds, when they shall have been 
sold, shall be deposited in the hands of the City Treas- 
urer and it is hereby made the duty of the Mayor to pro- 
vide that the said bonds shall be delivered to the pur- 
chaser in the City of Beaumont and that payment shall 
be made for said bonds by the purchaser thereof in the 
said City of Beaumont. 

Sec. 7. For the purpose of paying interest on said 
bonds and creating a sinking fund, sufficient to discharge 
them at maturity a tax of two and forty one hundredths 
(2 40-100) cents on each one hundred dollars valuation 
of all taxable property in the said City of Beaumont, shall 
be annually assessed and collected until said bonds and 
interests are paid and said tax of two and forty one-hun- 
dreths (2 40-100) cents on each one hundred dollars out 
of a tax of fifty cents, levied for general ad valorem pur- 
poses by this council on the 6th day of May, 1902, the 
ordinance making said levy, being of record on page 150, 
Book No. 1 of the Minutes of Ordinances of the City of 
Beaumont, is hereby appropriated and set aside to pay 
the interest and create the necessary sinking fund for the 
current year and shall be assessed and collected, and so 
applied ; and said tax, or as much thereof as may be nec- 
essary is hereby levied for each year hereafter, while 
said bonds are outstanding, and the same shall be an- 


566 CHARTER AND ORDINANCES. 

nually assessed and collected and applied for the purposes 
named. 

Sec. 8. This ordinance shall take effect and be in 
force from and after its passage and approval. Approved 
this the 18th day of November, 1902. 

CHAPTER II. 

WATER WORKS SYSTEM— BONDS. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT OF THE STATE OF TEXAS: 

Sec. 1. That the bonds of said city, to be called water 
works and street paving bonds, shall be issued under and 
by virtue of the Constitution and Laws of the State of 
Texas for the purpose of completing the construction of 
a system of water works in said city and paving the 
public streets of said city. 

SeG. 2. The said bonds shall be numbered from one 
to thirty inclusive, and shall be in denomination of $500.00 
each and aggregate $15,000.00. 

Sec. 3. They shall be dated the first day of August, 
A. D. 1898, and shall become due and payable forty years 
from date; but shall be redeemable at the option of the 
City of Beaumont at any time after twenty years from the 
date of same. 

Sec. 4. They shall bear interest at the rate of 5 per 
cent per annum, payable semi-annually, on the first day 
of August and the first day of February of each year. 

Sec. 5. The principal and interest shall be payable 
upon the presentation and surrender of the said bonds or 
proper coupons in current coin or other lawful money of 
the United States of America at the National City Bank 
of New York, N. Y. 

Sec. 6. The said bonds shall be signed by the Mayor 
and countersigned by the City Secretary, and the seal of 
the city shall be impressed upon each of them, but the 


CITY OF BEAUMONT. 


567 


signature of the Mayor and the City Secretary on the cou- 
pons may be printed or lithographed. 

Sec. 7. It is further ordained by the City Council 
that to pay the annual interest on said bonds and to cre- 
ate a sinking fund sufficient to discharge them at matur- 
ity, a tax of six and one-half (.06 1-2) cents on each 
$100.00 valuation of all taxable property within the City 
of Beaumont is hereby levied for the current year, and 
shall be collected for the current year, and a sufficient 
tax for each succeeding year while said bonds are out- 
standing shall be assessed and collected and applied to 
the purposes named. 

Sec. 8. It is further ordained by the City Council of 
the City of Beaumont that the Mayor of said city be, and 
is hereby authorized to take charge of said bonds pend- 
ing their investigation by the Attorney General, and their 
registration by the comptroller, and upon their approval 
and registration shall negotiate the sale of same at not 
less than their face value, and place the proceeds thereof 
in the Treasury of the City of Beaumont. 

Sec. 9. That all ordinances or parts of ordinances 
in conflict with this ordinance be, and the same are 
hereby expressly repealed, and that this ordinance shall 
take effect and be in operation from and after the date 
of its passage. 

Passed under a suspension of the rules of the City 
Council of the City of Beaumont, held at Beaumont, Jef- 
ferson County, Texas, on this 26th day of July, A. D. 
1898. Approved this 26th day of July, A. D. 1898. 

CHAPTER III. 

WHARF BONDS. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That an election be held in the city of Beau- 
mont, Texas, on the 22nd day of October, A. D. 1908, at 


568 CHARTER AND ORDINANCES. 

which election the following proposition shall be sub- 
mitted: 

Sec. 2. Shall the City Council of the City of Beau- 
mont be authorized to issue the bonds of the said city 
herein designated as “City of Beaumont Wharf Bonds” 
in the sum of fifty thousand ($50,000.00) dollars, pay- 
able in forty years after date, with the option of redeem- 
ing same at any time after twenty (20) years from date, 
bearing interest at the rate of five (5) per cent per annum 
payable semi-annually, and to levy a tax sufficient to 
pay the interest on said bonds and create a sinking fund 
sufficient to redeem same at maturity, for the purpose 
of building public wharves within the City of Beaumont . 

Sec. 3. That said election shall be held at the fol- 
lowing places, to-wit: In first ward, at the Beaumont 
City Hall; in the second ward, at the Salvation Army 
Barracks on Wall Street; in the third ward at Jefferson 
County Court House. 

Sec. 4. That the following named persons are ap- 
pointed officers of election: 

In the first ward, Geo. D. Anderson, Presiding Judge, 
and W. E. Rogers, Assistant Judge. 

In the second ward, Henry Schwaner, Presiding 
Judge, and W. P. Oldham, Assistant Judge. 

In the third ward, Geo. O. B. Millard, Presiding 
Judge, and Guy W. Junker, Assistant Judge. 

Sec. 5. That said election shall be held under the 
provisions of Chapter 149, Acts of the 26th Legislature, 
Laws of 1899, and only qualified voters who are property 
tax payers of said City of Beaumont, shall be allowed to 
vote and all voters desiring to support the proposition to 
issue “City of Beaumont Wharf Bonds” shall have print- 
ed on their ballots the words “For Issuance of City of 
Beaumont Wharf Bonds” and the voters opposed to the 
issue of “City of Beaumont Wharf Bonds” shall have 
printed on their ballots the words “against the issuance 
of City of Beaumont Wharf Bonds.” 


CITY OF BEAUMONT. 


569 


The manner of holding said election shall be governed 
by the laws of the State of Texas, regulating general 
elections. 

Sec. 6. That the copy of this ordinance signed by 
the Mayor of the City of Beaumont and attested by the 
City Secretary, shall serve as proper notice of said elec- 
tion; and the Mayor is directed to cause said notice to 
be posted up at each of the places designated for holding 
said election, at least thirty days prior to the date of 
said election. Approved this the 16th dav of September, 
A. D. 1908. 

Whereas, at an election held for the purpose on the 
22nd day of October, A. D. 1908, a majority of the qual- 
ified voters, who are property tax payers of the City of 
Beaumont, Jefferson County, Texas, voting at said elec- 
tion, sustained the proposition to issue the bonds, here- 
inafter described, by a vote of 198 for the issuance of 
said bonds to a vote of 9 against the issuance of said 
bonds therefore; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, the bonds of the said city to be called 
the City of Beaumont Wharf Bonds, for the purpose of 
borrowing money upon the credit of the city, such money 
to be used in the construction of the public wharves with- 
in the City of Beaumont. 

Sec. 2. Said bonds shall be numbered consecutively 
from one (1) to fifty (50) inclusive, and shall be of the 
denomination of One Thousand ($1,000.00) dollars each, 
aggregating the sum of Fifty Thousand ($50,000.00) dol- 
lars and shall be payable in lawful money of the United 
States of America. 

Sec. 3. Said bonds shall be dated the first day of 
December, A. D. 1908, and shall become due and payable 
forty years from date, but the right is expressly reserved 
by the City of Beaumont, to redeem said bonds or any 


570 CHARTER AND ORDINANCES. 

number thereof, at any time after twenty years from 
their date. 

See. 4. Said bonds shall bear interest from the«r 
date, at the rate of five per cent per annum, the interest 
payable semi annually on the first day of June and the 
first day of December of each year, according to the tenor 
of the interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall be 
payable on presentation and surrender of bonds or pro 
per coupon, at the office of the City Treasurer of the 
City of Beaumont, or at the Hanover National Bank of 
New York at the option of the holder. 

Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary and registered by 
the City Treasurer and the seal of the city shall be, im- 
pressed upon each one of them. 

Sec. 7. The fac-simile signature of the Mayor and 
the City Secretary shall be lithographed on the coupons. 

Sec. 8. It is further ordained by the City Council 
that to pay the interest on said bonds and to create a 
sinking fund sufficient to discharge them at maturity, 
a tax of three cents and three mills (.033) on each one 
hundred dollars valuation of all taxable property in said 
City of Beaumont, shall be levied annually on said pro- 
perty and annually assessed and collected until said bonds 
and interest are paid; and said tax of three cents and 
three mills (.033) on the one hundred dollars, out of a 
tax of fifty cents on each one hundred dollars propei tv 
valuation levied to create the interest and sinking fund 
to pay the outstanding indebtedness of the city by this 
council on the 8th day of May, A. D. 1908, the ordinance 
making the levy, being of record on pages 489 and 490 
Vol. 1 of the Minutes of this Council, is hereby appropri- 
ated and set aside to pay the interest and create the 
sinking fund necessary for the current year, and shall 
be so assessed and collected, and so applied, and said 
tax or so much thereof, as may be necessary, is hereby 


CITY OF BEAUMONT. 


571 


levied for each year hereafter while said bonds, or any 
number thereof, are outstanding, and the same shall be 
annually assessed and collected and -applied for the pur- 
poses named. 

Sec. 9. It is further ordained that the Mayor be 
authorized and he is hereby directed to have prepared 
the fifty (50) bonds of the City of Beaumont, of the de- 
nomination of One Thousand (1,000.00) dollars, as above 
described, and that the said Mayor be authorized to take 
and have charge of said bonds, pending their investiga- 
tion by the Attorney General of the State of Texas, and 
upon their approval and registration, he shall proceed to 
sell them at not less than their face value at public or 
private sale, and the proceeds of such sale shall be depo- 
sited with the City Treasurer of the City of Beaumont; 
and it is hereby made the duty of the Mayor to provide 
that said bonds shall be delivered to the purchaser in 
the City of Beaumont. Passed and approved on the 27th 
day of October, A. D. 1908. 

CHAPTER IV. 

MARKET HOUSE AND FIRE STATION BONDS. 

Sec. 1. That an election be held in the City of Beau- 
mont, Texas, on the 30th day of July, A. D. 1907, at which 
election the following proposition shall be submitted: 

Sec. 2. First. Shall the City Council of the City of 
Beaumont be authorized to issue the bonds of the said city, 
hereinafter designated as Market House Bonds, in the 
sum of twenty thousand ($20,000.00) dollars, payable 
in forty years aft^r date, with the option of redeeming 
same at any time after twenty years from date, bearing 
interest at the rate of five per cent (5) per annum, pay- 
able semi-annually; and to levy a tax sufficient to pay 
the interest on said bonds, and to create a sinking fund 
sufficient to redeem same at maturity, for the purpose 
of erecting a Market House on the west half of block 
four (4) known as Market House Square, fronting Main 
Street in the City of Beaumont. 


572 


CHARTER AND ORDINANCES. 


Second. That the City Conncil of the City of Beau- 
mont be authorized to issue the bonds of the city here- 
after designated as Fire Station House Bonds, in the sum 
of Twenty Thousand ($20,000.00) dollars, payable in 
forty years after date, bearing interest at the rate of five 
per cent (5) per annum, payable semi-annually and to 
levy a tax sufficient to pay the interest on said bonds 
and to create a sinking fund sufficient to redeem same at 
maturity for the purpose of erecting and constructing 
three (3) Fire House Stations, to be erected in the City of 
Beaumont as follows: 

One fronting Calder Avenue in the neighborhood of 
the Oaks Hotel site; one fronting College Street near 
the intersection of College and Archie Streets; one front- 
ing Park Street near the intersection of Royal and Park 
Streets. 

Sec. 3. That said election shall be held at the follow- 
ing places, to-wit: 

In the first ward at the Beaumont City Hall. In the 
second ward at the Salvation Army Barracks on Wall 
Street. In the third ward at Jefferson County Court 
House. 

Sec. 4. That the following persons are appointed of- 
ficers of said election. 

In the first ward, Charles Ives, Presiding Judge, and 
Alfred Du Perier, Assistant Judge. 

In the second ward, Thos. Brown, Presiding Judge, 
M. W. Lowry, Assistant Judge. 

In the third ward, Geo. O. B.JVtillard, Presiding 
Judge, George Carroll, Assistant Judge. 

Sec. 5. That said election be held under the provisions 
of Chapter 149, Acts of the 26th Legislature, Laws of 
1899, and only qualified voters, who are property tax 
payers of the City of Beaumont, shall be allowed to vote, 
and all voters desiring to support the proposition to is- 
sue Market House Bonds shall have printed on their bal- 
lots 4 ‘For the issuance of Market House Bonds” and those 


CITY OF BEAUMONT. 


573 


opposed to the issuance of Market House Bonds shall have 
printed on their ballots the words “Against the issuance 
of Market House Bonds,’ ’ and all voters to support the 
proposition to issue Fire Station House Bonds, shall have 
printed on their ballots the words “For the issuance of 
Fire Station House Bonds” and those opposed to the is- 
suance of Fire Station House Bonds shall have printed 
on their ballots the words “Against the issuance of Fire 
Station House Bonds.” 

The manner of holding said election shall be governed 
by the laws of the State of Texas, regulating general 
elections. 

Sec. 6. That a copy of this ordinance signed by the 
Mayor of the City of Beaumont, and attested by the City 
Secretary, shall serve as a proper notice of said election, 
and the Mayor is directed to cause said notices to be 
posted up at said election places at least thirty (30) days 
prior to the date of said election. June 18th, 1907. 

Whereas, at an election held for the purpose, on the 
30th day of July, A. D. 1907, a majority of the qualified 
voters, who are property tax payers of the City of Beau- 
mont, Texas, voting at said election, sustained the propo- 
sition to issue bonds hereafter described by a vote of 204 
for the issuance to a vote of 55 against the issuance of 
said bonds, therefore; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, the bonds of said city to be called the 
City of Beaumont Market House Bonds, for the purpose 
of borrowing money upon the credit of this city, such 
money to be used in erecting a public market house with- 
in the City of Beaumont. 

Sec. 2. Said bonds shall be numbered consecutively 
from one to twenty inclusive and shall be of the denomin- 
ation of one thousand ($1,000.00) dollars each, aggregat- 
ing the sum of twenty thousand ($20,000,00) dollars, and 


574 CHARTER AND ORDINANCES. 

shall be payable in lawful money of the United States of 
America. 

Sec. 3. Said bonds shall be dated the 1st day of De- 
cember, A. D. 1907, and shall become due and payable 
forty years from their date, but the right hereby ex- 
pressly reserved to the City of Beaumont to redeem said 
bonds or any number thereof, at any time after twenty 
years (20) from their date. 

Sec. 4. Said bonds shall bear interest from their 
date at the rate of five (5) per cent per annum, the in- 
terest payable semi-annually, on the first day of June 
and December of each year, according to the tenor and 
interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall be 
payable on presentation and surrender of bond or proper 
coupon at the office of the City Treasurer of the City 
of Beaumont, Jefferson County, Texas, or at the Oriental 
Bank of New York City, New York, at the option of the 
holders. 

Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary and registered by 
the City Treasurer and the seal of the city shall be im- 
pressed upon each one of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary shall be lithographed on the coupons. 

Sec. 8. It is further ordained by the City Council 
that to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity, a tax 
of one cent five mills and four-tenths of a mill (.0154) 
on each one hundred dollars valuation of all taxable pro- 
perty in said City of Beaumont, shall be annually levied 
on said property, and annually assessed and collected 
until said bonds and interest are paid, and said tax of 
one cent five mills and four-tenths of a mill (.0154) on 
the one hundred dollars out of a tax of fifty cents (50) 
on each one hundred dollars property valuation levied 
to create the interest and sinking fund and to pay the 


CITY OF BEAUMONT. 


575 


outstanding bonded indebtedness of this city by this coun- 
cil on the 7th day of May, A. D. 1907 ( the ordinance ma- 
king said levy, being on record on pages 431 and 432 
of the Ordinance Book No. 1 of the said city) is hereby 
appropriated and set aside to pay the interest and create 
the necessary sinking fund for the current year; and shall 
be assessed and collected and so applied; the said tax 
or so much thereof as may be necessary, is hereby levied 
for each year hereafter while said bonds, or any number 
thereof, are outstanding and the same shall be annually 
assessed and collected and applied to the purposes named. 

Sec. 9. It is further ordained that the Mayor be au- 
thorized and he is hereby directed to have prepared the 
twenty bonds of the City of Beaumont of the denomina- 
tion of one thousand ($1,000.00) dollars each as above 
described and that the said Mayor be authorized to take 
and have charge of said bonds pending their investiga- 
tion by the Attorney General of the State of Texas and 
upon their approval and registration he shall proceed 
to sell the same at no less than their face value at public 
or private sale and the proceeds of such sale shall be de- 
posited with the City Treasurer of the City of Beaumont, 
and it is hereby made the duty of the Mayor to provide 
that said bonds shall be delivered to the purchaser in 
the City of Beaumont and payment for same shall also be 
made in the City of Beaumont, Texas. Passed and ap- 
proved on the 17th day of September, A. D. 1907. 

CHAPTER V. 

FIRE STATION AND CITY HALL BONDS. 

Whereas, at an election held for the purpose on the 
11th day of November, 1902, a majority of the qualified 
voters who are property tax payers of the City of Beau- 
mont, Texas, voting at said election, sustained the pro- 
position, to isue the bonds hereinafter described, by a vote 
of 250 for the issuance of said bonds and a vote of 73 
against the issuance of said bonds, therefore; 


576 


CHARTER AN1) ORDINANCES. 


BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City Coun- 
cil of the City of Beaumont, Texas, bonds for and in be- 
half of the City of Beaumont, to borrow money upon the 
credit of the city, for the purpose of erecting a public 
building to be used for a City Hall, Fire Station and Cal- 
aboose. 

Sec. 2. That the Mayor is hereby instructed to have 
prepared forty bonds of the denomination of one thou- 
sand dollars each, aggregating the sum of forty thou- 
sand dollars, payable in current coin or other lawful mon- 
ey of the United States of America, and to be numbered 
consecutively from one to forty inclusive. 

Sec. 3. Said bonds shall be dated the first day of 
December, 1902, and shall run forty years from their date, 
but the right shall be reserved to the civ :o redeem the 
s.vt'C at any time after twenty years from their dale. 

Sec. 4. Said bonds shall he a l interest from their date 
at the rate of four per cent jer annum payable semi 
annually on the first day of December and the first da v 
of June of each year, according to the toner of interest 
coupons thereto attached; said bonds shall be signed by 
the Mayor, countersigned by the City Secretary and reg- 
istered by the City Treasurer and the seal of the city 
shall be impressed upon each of them; the coupons shall 
bear the engraved signature of the Mayor and the City 
Secretary. 

Sec. 5. Principal and interest shall be payable on 
presentation and surrender of bond or proper coupons 
at the office of the City Treasurer of the City of Beau- 
mont, Texas, or at the Seaboard National Bank of the 
City of New York, N. Y. at the option of the holder. 

Sec. 6. It is also ordained that the Mayor be author- 
ized to take and have charge of said bonds, pending their 
investigation by the Attorney General, and upon their 
approval and registration shall proceed to sell the same, 
at public or private sale at not less than their face value 


CITY OF BEAUMONT. 


577 


the proceeds of the bonds when they shall have been sold 
shall be deposited in the hands of the City Treasurer and 
it is hereby made the duty of the Mayor to provide that 
the said bonds shall be delivered to the purchaser in the 
City of Beaumont and that payment shall be made for 
said bonds by the purchaser thereof in the said Ci 4 y of 
Beaumont. 

Sec. 7. For the purpose of paying interest on said 
bonds and creating a sinking fund sufficient to discharge 
them at maturity, a tax of three and eighty-four one hun- 
dredths (3 84-100) cents on each one hundred dollars 
valuation of all taxable property in the said City of Beau- 
mont shall be annually levied on said property and an- 
nually assessed and collected until said bonds and inter- 
est are paid and the said tax of three and eiglity-four 
or e-hundredths (3 84-100) cents on each one hundred 
dollars out of a tax of fifty cents levied to create the in 
terest and sinking fund to pay the outstanding bonded in- 
debtedness by this council on the 6th day of May, 1902, 
(the ordinance making said levy, being of record on page 
150 Book No. 1 of the Minutes of Ordinances of the Ctiy of 
Beaumont), is hereby appropriated and set aside to pay 
tm: interest and create the necessary sinking fund for the 
current, year and shall be assessed and collected and so 
applied, and said tax, or as much thereof as shall be nec- 
essary is hereby levied for each year hereafter while said 
bonds are outstanding, and the same shall be annually 
assessed and collected and applied for the purposes 
named. 

Sec. 8. This ordinance shall take effect and be in 
force from and after its passage and approval. Approved 
this the 18th day of November, A. D. 1902. 

Whereas, at an election held for the purpose on the 
30th day of July, A. D. 1907, a majority of the qualified 
voters, who are property tax payers of the City of Beau- 
mont, Texas, voting at said election sustained the propo* 
sition to issue the bonds hereinafter described by a vote 
of 244 for the issuance of said bonds, to a vote of 12 
against the issuance of said bonds, therefore ; 


578 CHARTER AND ORDINANCES. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, the bonds of said city to be called the 
City of Beaumont Fire Station House Bonds, for the pur- 
pose of borrowing money upon the credit of this city, 
such money to be used in erecting three (3) public fire 
station houses within the City of Beaumont. 

Sec. 2. Said bonds shall be numbered consecutively 
from one to twenty inclusive and shall be of the denomin- 
ation of one thousand ($1,000.00) dollars each, aggre- 
gating the sum of twenty thousand ($20,000.00) dollars, 
and shall be payable in lawful money of the United States 
of America. 

Sec. 3. Said bonds shall be dated the first day of 
December, A. D. 1907, and shall become due and payable 
forty (40) years from that date, but the City of Beaumont 
expressly reserves the right to redeem said bonds or any 
number thereof at any time after twenty (20) years from 
that date. 

Sec. 4. Said bonds shall bear interest from that date 
at the rate of five (5) per cent per annum, the interest 
payable semi-annually on the first day of June and De- 
cember of each year, according to the tenor of the in 
terest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall 
be payable on presentation and surrender of bonds or 
proper coupons at the office of the City Treasurer of the 
City of Beaumont or at the Oriental Bank of New York 
City, New York, at the option of the holder. 

Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary, and registered by 
the City Treasurer and the seal of the city shall be im- 
pressed upon each of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary shall be lithographed on the coupons. 


CITY OF BEAUMONT. 


579 


Sec. 8. It is further ordained by the City Council 
that to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity, a tax 
of one cent five mills and four-tenths of a mill (.0154) on 
each one hundred dollars valuation of all taxable pro- 
perty in said City of Beaumont shall be annually levied 
on said property and annually assessed and collected 
until said bonds and interest are paid, and said tax of 
one cent five mills and one-fourth of a mill (.0154) on 
each one hundred dollars out of a tax of fifty (50) cents 
on each one hundred dollars property valuation levied 
to create the interest and sinking fund to pay the out- 
standing bonded indebtedness of this city by this council 
on the 7th day of May, A. D. 1907, (the ordinance making 
said levy being of record on pages 431 and 432 of the Or- 
dinance Book of said city), is hereby appropriated and set 
aside to pay the interest and create the necessary sink- 
ing fund of the current year and shall be assessed and col- 
lected and so applied; and the said tax, or so much there- 
of as may be necessary, is hereby levied for each year 
hereafter while said bonds, or any number thereof, are 
outstanding and the same shall be annually assessed and 
collected and applied to the purposes named. That said 
bonds shall be delivered to the purchaser in the City of 
Beaumont and payment for the same shall also be made 
in the City of Beaumont, Texas. Passed and approved on 
the 17th day of September, A. D. 1907. 

CHAPTER VI. 

PUBLIC IMPROVEMENT BONDS. 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, the bonds of said city to be called 4 1 City 
of Beaumont Street Improvement and Repair Bonds” for 
the purpose of borrowing money upon the credit of this 
city, such money to be used in the improving and repair- 
ing of the streets of the city of Beaumont. 

Sec. 2. Said bonds shall be numbered consecutively 


580 


CHARTER AND ORDINANCES. 


from one (1) to ten (10) inclusive, and shall be of the de- 
nomination of one thousand ($1,000.00) dollars each, ag- 
gregating the sum of ten thousand ($10,000.00) dollars 
and shall be payable in lawful money of the United States 
of America. 

Sec. 3. Said bonds shall be dated December 1st, A. 
D. 1909, and shall become due and payable forty years 
from date, but the right is expressly reserved by the City 
of Beaumont to redeem said bonds or any number thereof, 
at any time after twenty years from their date. 

Sec. 4. Said bonds shall bear interest from their 
date, at the rate of five per cent per annum, the interest 
payable semi-annually, on the first day of June and the 
first day of December of each year, according to the tenor 
of the interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall be 
payable on presentation and surrender of bond or proper 
coupon at the office of the City Treasurer of the City of 
Beaumont, or at the Hanover National Bank of New York, 
at the option of the holder. 

Sec. 6. Said bond shall be signed by the Mayor, 
countersigned by the City Secretary, and registered by 
the City Treasurer, and the seal of the city shall be im- 
pressed upon each of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary shall be lithographed on the coupons. 

Sec. 8. It is further ordained by the City Council 
that to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity, a tax 
of fifty-nine one-hundredths (.0059) cents on each one 
hundred dollars valuation of all taxable property in said 
City of Beaumont shall be levied annually on said pro- 
perty and annually assessed and collected until said bonds 
and interest are paid; and said tax of fifty-nine one-hun- 
dredths (.0059) cents on the one hundred dollars, out of 
the tax of fifty-two cents on each one hundred dollars pro- 
perty valuation levied to create the interest and sinking 
fund to pay the outstanding indebtedness of this city by 


CITY OF BEAUMONT. 


581 


the council on the 4th day of May, A. D. 1909, (the ordi- 
nance making the levy being of record on pages 30 and 31 
Volume 2, of the Ordinance Minutes of this Council), is 
hereby appropriated and set aside to pay the interest and 
create the sinking fund necessary for the current year, 
and shall be so assessed and collected and so applied ; and 
said tax or so much thereof, as may be necessary, is here- 
by levied for each year hereafter, while said bonds, or 
any number thereof, are outstanding, and the same shall 
be annually assessed and collected and applied for the 
purposes named. 

Sec. 9. It ie further ordained that the Mayor be au- 
thorized and he is hereby directed to have prepared the 
ten (10) bonds of the City of Beaumont of denomination 
of one thousand ($1,000.00) dollars each as above de- 
scribed, and that said Mayor be authorized to take and to 
have charge of the said bonds, pending their investiga - 
tion by the Attorney General of the State of Texas, and 
upon their approval and registration, he shall proceed to 
sell them’ at not less than their face value at public or 
private sale and the proceeds of such sale shall be depo - 
sited with the City Treasurer of the City of Beaumont, 
and it is hereby made the duty of the Mayor to provide 
that said bonds shall be delivered to the purchaser in the 
City of Beaumont, and the payment for same shall be 
made in the City of Beaumont. 

Sec. 10. This ordinance shall take effect and be in 
full force from and after its passage, lawful publication 
and approval by the Mayor. Passed on the 20th day 
of October, A. D. 1909. 

CHAPTER VII. 

PAVING BONDS. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That an election be held by the qualified 
property tax paying voters of the City of Beaumont on 


582 CHARTER AND ORDINANCES. 

the 7th day of May, 1901, at which election there shall be 
submitted to a vote of the qualified voters who are pro- 
perty tax payers of the City of Beaumont, a proposition 
for the issuance of bonds of said City in the amount of 
$40,000.00 for the purpose of extending and permanently 
improving the paving system of the said city ; said bonds 
to be payable forty (40) years from their date with the 
right reserved by the city to pay them at any time after 
twenty (20) years from their date, and shall bear interest 
at the rate of five (5) per cent per annum, interest pay- 
able semi-annually. 

Sec. 2. The place for holding said election shall be 
as follows : 

First ward, at City Hall, R. W. Sander, Presiding 
Officer. 

Second ward, at the Auditorium, P. A. Dowlen, Pre- 
siding Officer. 

Third ward, at the Court House, O’B. Millard, Pre- 
siding Officer. 

Sec. 3. None but the qualified voters of said city, 
who are property tax payers of said city, shall be allowed 
to vote at said election. 

Sec. 4. Notice of said election shall be given by the 
Mayor and the City Secretary, and a copy of this ordi- 
nance signed by the Mayor and City Secretary, and posted 
for at least twenty (20) days as required by law, one 
copy being posted at each polling place, in the City of 
Beaumont shall serve as notice of said election, and the 
manner of holding said election shall be governed by the 
laws of the State governing general elections. 

Sec. 5. That this ordinance shall take effect from and 
after its passage and approval and all ordinances in con- 
flict herewith are repealed, and said election shall be 
held under and by virtue of said ordinance and the provi- 
sions of the law in such cases made and provided, and 
shall be held at the time and respective places provided 
in this ordinance. 


CITY OF BEAUMONT. 


583 


The polls shall open at 8 o’clock A. M. and shall close 
at 6 o ’clock P. M. 

All voters desiring to support the proposition to 
issue said bonds shall have written or printed upon their 
ballots the words “For issuance of Bonds” and those op- 
posed shall have written or printed upon their ballots 
“Against the issuance of Bonds.” Approved this 16th 
day of April, 1901. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, bonds for and in behalf of the City of Beau- 
mont, to borrow money upon the credit of the city for the 
purpose of extending and permanently improving the 
paving system of said city, to the amount of forty thou- 
sand dollars. 

Sec. 2. That the Mayor is hereby instructed to have 
prepared forty bonds of the denomination of one thou- 
sand ($1,000.00) dollars each, payable in current coin or 
other lawful money of the United States of America, and 
to be numbered consecutively from one to forty inclu- 
sive. Said bonds shall be dated the first day of June, 
1901 and shall run forty (40) years from their date. 

The right shall be reserved to the city however, to 
redeem the same at any time after twenty (20) years from 
their date, and shall bear interest from their date at the 
rate of five per cent (5) per annum, payable semi-annual- 
ly, on the first day of December and the first day of 
June of each year according to the tenor of interest cou- 
pons thereto attached. Said bonds shall be signed by the 
Mayor and attested by the City Secretary and shall bear 
the impress of the seal of the City of Beaumont. The 
coupons shall bear the engraved signature of the Mayor 
and City Secretary, and both coupons and bonds shall 
be payable at the office of the City Treasurer of the City 
of Beaumont, Texas, or at the National City Bank of 
New York, N. Y. at the option of the holder. 


584 


CHARTER AND ORDINANCES. 


Sec. 3. Said bonds when so prepared shall be placed 
in the hands of the Mayor and Finance Committee of the 
City Council and said Mayor and Finance Committee, as 
soon as practicable, shall proceed to sell the same at pub- 
lic or private sale, at not less than face value and accrued 
interest. The proceeds of the bonds, when they have been 
sold shall be deposited in the hands of the City Treasurer 
and shall be used in paying for the extension and per- 
manent improvement of the paving system of the City 
of Beaumont, and it is hereby made the duty of the 
Mayor and Finance Committee in the sale of bonds to 
provide that they shall be delivered to the purchaser 
in the City of Beaumont, and that payment shall be made 
for said bonds by the purchaser thereof in said City of 
Beaumont. 

Sec. 4. For the purpose of paying the interest on 
said bonds and providing a sinking fund to redeem them 
at maturity, there is hereby set apart and appropriated 
eleven cents out of fifty cents heretofore levied by the 
City Council of the City of Beaumont on the 7th day of 
May, A. D. 1901, as shown and recorded in Minute Book 
No. 2, of the Minutes of the City Council on page 81 there 
of, to pay the interest and sinking fund on the said 
eleven cents is here now appropriated for the year 1901, 
and levied on all property in the City of Beaumont liable 
ic taxation, as a special ad valorem tax to pay the interest 
and sinking fund of this issue of bonds. The said tax 
or as much thereof as may be necessary is hereby levied 
for each succeeding year hereafter as the same may be 
necessary to provide for the interest and sinking fund as 
aforesaid on the entire amount of said bonds, *>nd if at 
ain r time the amount of said assessment is not sufficient 
to meet the requirements for interest aud sinking fund 
on said bonds, it is hereby promised and agreed that such 
increase of assessment shall be made for the purpose 
named. 

Sec. 15. That this ordinance shall take effect and 
be in full force from and after its passage and approval. 
Approved this 10th day of May, 1901. 


CITY OF BEAUMONT. 


585 


Whereas, at an election held for the purpose on the 
11th day of November, 1902, a majority of the qualified 
voters, who are property tax payers of the City of Beau- 
mont, Texas, voting at said election, sustained the pro- 
position to issue the bonds hereinafter described by a 
vote of 316 for the issuance of said bonds, a vote of 12 
against the issuance of said bonds, therefore; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City Coun- 
cil of the City of Beaumont, Texas, bonds for and in be- 
half of the City of Beaumont, to borrow money upon the 
credit of the City, for the purpose of extending and per- 
manently improving the paving system of the City of 
Beaumont. 

Sec. 2. That the Mayor is hereby instructed to have 
prepared ninety- five bonds of the denomination of one 
thousand dollars each, aggregating the sum of ninety- 
five thousand dollars, payable in current coin or other 
lawful money of the United States of America, and to be 
numbered consecutively from one to ninety-five inclu- 
sive. 

Sec. 3. Said bonds shall be dated the first day of 
December, 1902, and shall run forty years from their date, 
but the right shall be preserved to the city to redeem 
the same at any time after twenty years from their date. 

Sec. 4. Said bonds shall bear interest from their 
date at the rate of four per cent per annum, payable semi- 
annually on the first day of December and the first day 
of June of each year, according to the tenor of interest 
coupons thereto attached; said bonds shall be signed by 
the Mayor, countersigned by the City Secretary and reg- 
istered by the City Treasurer and the seal of the city shall 
be impressed upon each of them; the coupons shall bear 
the engraved signature of the Mayor and City Secretary. 

Sec. 5. Principal and interest shall be payable on 
presentation or surrender of bond or proper coupons at 
the office of the City Treasurer of the City of Beaumont, 


586 


CHARTER AND ORDINANCES. 


Texas, or at the Seaboard National Bank of the City of 
New York, N. Y. at the option of the holder. • 

Sec. 6. It is ordained that the Mayor be authorized 
to take and have charge of said bonds pending their in- 
vestigation by the Attorney General, and upon their ap- 
proval and registration, shall proceed to sell the same at 
public or private sale at not less than face value, and th^ 
proceeds of the bonds when they shall have been sold, 
shall be deposited in the hands of the City Trasurer and 
it is hereby made the duty of the Mayor to provide that 
the said bonds shall be delivered to the purchaser in the 
City of Beaumont and that payment shall be made for 
said bonds by the purchaser thereof in said City of Beau - 
mont. 

Sec. 7. For the purpose of paying interest on said 
bonds and creating a sinking fund sufficient to discharge 
them at maturity a tax of nine and ten one-hundredths 
(9 10-100) cents on each one hundred dollars valuation 
of all taxable property in the City of Beaumont, shall be 
annually levied on said property and annually as- 
sessed and collected until said bonds and inter- 
est are paid and the said tax of nine and ten 
one-hundredths (9 10-100) cents out of the tax 
of fifty cents levied to create the interest and 
sinking fund to pay the outstanding bonded indebted- 
ness by this council on the 6th day of May, 1902, (the 
ordinance making said levy, being of record on page 150, 
Book No. 1 of the Minutes of the Ordinances of the Citv 
of Beaumont), is hereby appropriated and set aside to 
pay the interest and create the necessary sinking fund for 
the current year and shall be assessed and collected and 
so applied, and said tax, or as much thereof as shall be 
necessary, is hereby levied for each year hereafter, while 
said bonds are outstanding and the same shall be annually 
assessed and collected and applied for the purposes 
named. 

Sec. 8. This ordinance shall take effect and be in 
force from and after its passage and approval. Approved 
November 18th, 1902. 


CITY OF BEAUMONT. 


587 


Whereas, at an election held for the purpose on the 
25th day of September, A. D. 1906, a majority of the qual- 
ified voters, who are property tax payers of the City of 
Beaumont, Texas, voting at said election sustained the 
proposition to issue bonds hereinafter described by a vote 
of 155 for the issuance of said bonds, to a vote of 8 against 
the issuance of said bonds, therefore ; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE, 
CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, the bonds of the said city to be called 
the “City of Beaumont Paving Bonds” for the purpose 
of borrowing money upon the credit of this city, such 
money to be used in constructing permanent street im- 
provements within the City of Beaumont. 

Sec. 2. Said bonds shall be numbered consecutively 
from 1 to 25 inclusive and shall be of the denomination 
of one thousand ($1,000.00) dollars each, aggregating the 
sum of twenty-five thousand ($25,000.00) dollars and 
shall be payable in lawful money of the United States 
of America. 

Sec. 3. Said bonds shall be dated the first day of 
December, A. D. 1906, and shall become due and payable 
forty years from their date but the right is hereby ex- 
pressly reserved by the City of Beaumont to redeem said 
bonds, or any number thereof, at any time after twenty 
(20) years from their date. 

Sec. 4. Said bonds shall bear interest from their 
date at the rate of five (5) per cent per annum, the in- 
terest payable semi-annually on the first day of June and 
the first day of December of each year according to the 
tenor of the interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall 
be payable on presentation and surrender of bond or pro- 
per coupon at the office of the City Treasurer of the City 
of Beaumont or at the Park Bank and Trust Company of 
Beaumont, or at the Hanover National Bank of the City of 
New York, at the option of the holder. 


588 


CHARTER AND ORDINANCES. 


Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary and registered by 
the City Treasurer, and the seal of the city shall be im- 
pressed upon each of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary shall be lithographed upon the coupons. 

Sec. 8. It is further ordained by the City Council, 
that to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity a tax 
of two (.02) cents on each one hundred dollars valuation 
of all taxable property in said City of Beaumont shall be 
annually assessed and collected until said bonds and in- 
terest are paid; and said tax of two (.02) cents on the 
one hnudred dollars out of fifty (50) cents on each one 
hundred dollars property valuation levied to create the 
interest and sinking fund to pay the outstanding indebt- 
edness of this city by this council on the 15th day of May, 
1906, (the ordinance making said levy being of record 
on pages 384 and 385, Book No. 1 of the Minutes of this 
council) is hereby appropriated and set aside to pay 
the interest and create the necessary sinking fund for 
the current year, and shall be assessed and collected and 
so applied, and said tax, or so much thereof as may be 
necessary, is hereby levied for each year hereafter while 
said bonds, or any number thereof, are outstanding, and 
the same shall be annually assessed and collected and 
applied to the purposes named. 

Sec. 9. It is further ordained that the Mayor be au- 
thorized and he is hereby directed to have prepared the 
twenty- five bonds of the City of Beaumont of the denom- 
ination of one thousand ($1,000.00) dollars each, as above 
described, and that the said Mayor be authorized to take 
and have charge of said bonds pending their investigation 
by the Attorney General of the State of Texas, and upon 
their approval and registration he shall proceed to sell 
the same, at not less than their face value, at public or 
private sale, and the proceeds of such sale shall be depo 
sited with the City Treasurer of the City of Beaumont, 


CITY OF BEAUMONT. 


589 


and it is hereby made the duty of the Mayor to provide 
that said bonds shall be delivered to the purchaser in the 
City of Beaumont and payment for same shall also be 
made in the City of Beaumont. Passed and approved 
on the 6th day of November, A. D. 1906. 

CHAPTER VII L 
SEWERAGE BONUS 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

1st. That under and by virtue of Article 420, 421, 
422, 423, 424 and amendments thereof, of the Revised 
Statutes of Texas, and Chapter Ninety-one of the laws 
of the Twenty-second Legislature of Texas, authorizing 
cities and towms to issue coupon bonds for the purpose of 
constructing or the purchase of school buildings, water 
works, sewerage and street improvements and other per- 
manent improvements within the limits of cities and 
towns, and for the purpose of erecting a public school 
building for the City of Beaumont, within the limits of 
said City of Beaumont, there shall be issued and dis- 
posed of by the Mayor for not less than par value, a 
third series of School House Bonds of the City of Beau- 
mont, in the aggregate sum of five thousand dollars, to 
be ten, and numbered one to ten inclusive, for the sum 
of five hundred dollars each, with interest thereon at 
six per cent per annum, from their date, which shall be 
October 6th, 1891, the principal payable thirty years af- 
ter their date, with the right reserved to the City of Beau- 
mont to redeem the same after ten years, the interest pay- 
able semi-annually from and after their date, as it ac- 
crues, on the 6th day of April and October of each year, 
at the office of the City Treasurer of the City of Beau- 
mont, and each semiannual payment of interest and each 
of said bonds shall be represented by an interest coupon 
therefor, attached thereto, and said bonds and coupons 
shall each be signed by the Mayor and countersigned by 
the Secretary of said city, and each of said bonds shall 


590 CHARTER AND ORDINANCES. 

have affixed to it, the impress of the seal of the City of 
Beaumont. 

2nd. And be it further ordained, that for the purpose 
of extending and enlarging the water works of the City 
of Beaumont, within its limits, there shall be issued and 
disposed of by the Mayor, for not less than par value, a 
second series of water works bonds of the City of Beau- 
mont in the aggregate sum of six thousand dollars, to 
be twelve bonds, numbered one to twelve inclusive, for 
the sum of five hundred dollars each, with interest there- 
on at the rate pf six per cent per annum, dated October 
6th, 1891, the principal payable thirty years after their 
date, with the right reserved to the City of Beaumont 
to redeem the same after ten years, the interest to be 
payable semi-annually from and after their date, as it 
accrues, on the 6tli day of April and October of each 
year, at the office of the City Treasurer of the City of 
Beaumont, and each semiannual payment of interest and 
each of said bonds shall be represented by an interest 
coupon therefor attached thereto, and said bonds and 
coupons shall each be signed by the Mayor and counter- 
signed by the Secretary of said city, and each of said 
bonds shall have affixed to it the impress of the seal of 
the City of Beaumont. 

3rd. And be it furehr ordained, that for the purpose 
of constructing sewers for drainage for said city, and 
within its limits, there shall be issued and disposed of 
by the Mayor, for not less than par value, sewerage bonds 
of the City of Beaumont, in the aggregate sum of nine 
thousand dollars, to be eighteen bonds, numbered from 
one to eighteen inclusive, for the sum of five hundred dol- 
lars each, with interest thereon at the rate of six per 
cent per annum, dated October the 6th, 1891, the princi- 
pal payable thirty years after their date, with the right 
reserved to the City of Beaumont to redeem the same af- 
ter ten years; the interest to be payable semi-annually 
from and after their date, as it accrues on the 6th day 
of April and October of each year, at the office of the 
City Treasurer of the City of Beaumont, and each semi- 
annual payment of interest on each of said bonds shall 


CITY OF BEAUMONT. 


591 


bo represented by an interest coupon thereto attached, 
and said bonds and coupons shall be signed by the Mayor 
and countersigned by the Secretary of said city, and each 
of said bonds shall have affixed thereto the impress of 
the seal of the City of Beaumont. 

4th. And be it further ordained, that the second sec- 
tion of an ordinance approved February 1st, 1888, pro- 
viding for the issuance of ten thousand dollars of water 
works bonds and an ordinance approved July 3rd, 1888, 
which second section for the levying of tax of twenty 
five cents on the one hundred dollars’ worth of taxable 
property within the limits of the said city, and the col 
lection and appliance of the whole fund derived there- 
from to the payment exclusively of said three sets of 
bonds, in excess of which is required therefor, for thirty 
years, from the 1st day of January, 1888, and an ordinance 
approved January 3rd, 1889, amending the above recited 
ordinances, and providing for the issuance of a second 
series of school house bonds, in the aggregate of five 
thousand dollars, payable in thirty years, and redeem- 
able within ten years, at the city’s election, repealing the 
said former ordinance and the revenue derived from the 
levy of said tax, aggregating, for the payment of said water 
works bonds, first and second series of school house bonds 
the sum of twenty-five cents for every one hundred dol- 
lars’ worth of property owned and held in the city, tax- 
able by law, being largely in excess of what is required 
to redeem said bonds, said tax of twenty-five cents hav- 
ing been by said ordinance approved January 3rd, 1889, 
apportioned as follows: Thirteen and eight-ninths cents 
on the one hundred dollars’ worth of property, to be as- 
sessed and collected from the first day of January, 1889, 
for twenty-nine years, and five and five-ninths cents tax 
on the one hundred dollars valuation of the property for 
ihe same period to pay the principal and interest of the 
first series of school house bonds, and the further tax 
of five and five-ninths cents on the one hundred dollars’ 
worth of property was levied for each and every year 
from the 1st of January, 1889, for thirty years until said 


592 CHARTER AND ORDINANCES. 

second series of school house bonds should be redeemed. 

5th. And be it further ordained, that for the pur- 
pose of paying off the principal and interest of said first 
series of water works bonds, mentioned and described 
herein, a special tax of two and one-half cents on every 
one hundred dollars ’ worth of taxable property within 
the corporate limits of the City of Beaumont is hereby 
levied, and shall be collected according to the law each 
year for twenty-seven years. 

7th. And be it further ordained, that for the purpose 
of paying off the principal and interest of said second 
series of school house bonds, mentioned and described 
herein, a special tax of two and one-half cents on every 
one hundred dollars ’ worth of taxable property within 
the corporate limits of the City of Beaumont is hereby 
levied, and shall be collected according to law for twenty- 
seven years. 

8th. And be it further ordained, that for the purpose 
of paying off the interest and principal of said third 
series of school house bonds, provided for herein, there 
is hereby levied, and shall be collected according to law 
for each and every year for thirty years a special tax 
of three and one-half cents on every one hundred dollars ’ 
worth of taxable property within the corporate limits ot‘ 
the City of Beaumont. 

9th. And be it further ordained, that for the purpose 
of paying off the principal and interest of said second 
series of water works bonds, provided for herein, there 
is hereby levied, and shall be collected according to law 
on every one hundred dollars ’ worth of taxable property 
within the corporate limits of the City of Beaumont for 
each and every year for thirty years, a tax of four cents. 

10th. And be it further ordained, that for the pur- 
pose of paying off the principal and interest of the bonds 
provided for herein for sewerage purposes, there is here- 
by levied, and shall be collected according to law, on every 
one hundred dollars’ worth of taxable property within 
the corporate limits of the City of Beaumont a special 
tax of six cents for thirty years. 


CITY OF BEAUMONT. 


593 


lltli. And be it further ordained, that the above 
named amount of taxes, aggregating twenty-five cents on 
every one hundred dollars’ worth of taxable property, 
and as proportioned herein, shall be collected for the 
years named, unless said bonds are sooner paid, and the 
amount of revenue derived from each tax applied to the 
payment of the particular bond for which same is levied 
and collected; and all ordinances and parts of ordinances 
in conflict herewith are hereby repealed. 

Adopted and approved October 6th, 1891. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That an election be held by the qualified 
property tax paying voters of the City of Beaumont on 
the 7th day of May, 1901, at which election there shall be 
submitted to a vote of the qualified voters who are pro- 
perty tax payers of the City of Beaumont, a proposition 
for the issuance of bonds of said city in the amount o? 
$75,000.00 for the purposes of extending and permanently 
improving the sewerage system of said city. Said bonds 
to be payable forty (40) years from their date with the 
right reserved by the city to pay them at any time after 
twenty (20) years from their date, and shall bear interest 
at the rate of five (5) per cent per annum, interest pay- 
able semi-annually. 

Sec. 2. The places for holding said election shall 
be as follows: 

First ward, at the City Hall, E. W. Sanders, Presid- 
ing Officer. 

Second ward, at the Auditorium, P. A. Dowlen, Pre- 
siding Officer. 

Third ward, at the Court House, G. O’B. Millard, 
Presiding Officer. 

Sec. 3. None but qualified voters of said city who are 
property tax payers of said city, shall be allowed to vote 
at said election. 


594 


CHARTER AND ORDINANCES. 


Sec. 4. Notice of said election shall be given by th‘e 
Mayor and City Secretary, and a copy of this ordinance 
signed by the Mayor and City Secretary, and posted for 
at least twenty (20) days as required by law, one copy 
being posted at each polling place, in the City of Beau- 
mont, shall serve as notice of said election and the man- 
ner of holding said election shall be governed by the laws 
of the State, governing general elections. 

Sec. 5. This ordinance shall take effect rrom and 
after its passage and approval, and all ordinances in 
conflict herewith are hereby repealed, and said election 
shall be held under and by virtue of said ordinance and 
the provisions of the law in such cases made and pro- 
vided, and shall be held at the time and respective places 
provided for in said ordinance. The polls shall open 
at 8 o’clock A. M. and shall close at 6 o’clock P. M. All 
voters desiring to support the proposition to issue said 
bonds shall have written or printed on their ballots the 
words 4 ‘For the issuance of Bonds” and those opposed 
shall have written or printed upon their ballots the words 
‘‘Against the issuance of Bonds.” 

Approved this 16th day of April, 1901. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, bonds for and in behalf of the City of Beau- 
mont, to borrow money upon the credit of the city for 
the purpose of extending and permanently improving 
the sewerage system for said city to amount of seventy- 
five thousand dollars. 


Sec. 2. That the Mayor is hereby instructed to have pre- 
pared seventy-five bonds of the denomination of one 
thousand dollars each, payable in current coin or other 
lawful money of the United States of America, and to be 


CITY OF BEAUMONT. 


595 


numbered consecutively from one to seventy-five inclu- 
sive. Said bonds shall be dated the first day of June, 
1901, and shall run for forty (40) years from their date. 
The right shall be reserved to the city, however, to re- 
deem the same at any time after twnty (20) years from 
their date, and shall bear interest from their date at the 
rate of five (5) per cent per annum, payable semi-an- 
nually on the first day of December and the first day of 
June of each year according to the tenor of interest cou- 
pons thereto attached. Said bonds shall be signed by the 
Mayor and attested. by the City Secretary, and shall bear 
the impress of the seal of the City of Beaumont. The 
coupons shall bear the engraved signature of the Mayor 
and City Secretary and both coupons and bonds shall 
be payable at the ofice of the City Treasurer of the City 
of Beaumont, Texas, or at the National City Bank of the 
City of New York, N. Y. at the option of the holder. 

Sec. 3. Said bonds when so prepared shall be placed 
in the hands of the Mayor and Finance Committee of the 
City Council, and said Mayor and Finance Committee, 
as soon as practicable, shall proceed to sell the same at 
public, or private sale, at not less than face value and 
accrued interest. r *'he proceeds of the bonds when they 
have been sold, shall be deposited in the hands of the 
City Treasurer, and shall be used in paying for the ex- 
tension and permanent improvement of the sewerage 
system of the City of Beaumont, and it is hereby made 
the duty of the Mayor and Finance Committee in the sale 
of said bonds to provide that they shall be delivered to 
the purchaser in the City of Beaumont, Texas, and that 
payment be made for said bonds by the purchaser there- 
of in the City of Beaumont, Texas. 

Sec. 4. For the purpose of paying the interest on 
said bonds and providing a sinking fund to redeem them 
at maturity, there is hereby set apart and appropriated 
20 1-4 cents out of fifty cents heretofore levied by the 
City Council of the City of Beaumont, on the 7th day of 
May, A. D. 1901, as shown and recorded in Minute Book 
No. 2 of the Minutes of the City Council on page 81 there- 


596 


CHARTER AND ORDINANCES. 


of, to pay tlie interest and sinking fund on the outstand- 
ing bonded indebtedness of the City of Beaumont, and 
20 1-4 cents is hereby now appropriated for the year 
1901, and levied on all property in the City of Beaumont, 
liable to taxation, as a special ad valorem tax to pay the 
interest and sinking fund on this issue of bonds. The 
said tax or as much thereof as may be necessary is here- 
by levied for each succeeding year hereafter as the same 
may be necessary to provide for the interest and sink- 
ing fund as aforesaid on the entire amount of said bonds 
and if at any time the amount of said assessment is not 
sufficient to meet the requirements for interest and sink- 
ing fund on said bonds, it is hereby promised and agreed 
that such increase of assessment shall be made for the 
purpose named. 

Sec. 5. That this ordinance shall take effect and be 
in full force from and after its passage and approval. 
Approved the 10th day of May, 1901. 

Whereas, at an election held for the purpose on the 
11th day of November, 1902, a majority of the qualified 
voters who are property tax payers of the City of Beau- 
mont, Texas, voting at said election sustained the pro- 
position to issue the bonds hereinafter described by a 
vote of 316 for the issuance of said bonds and a vote of 
11 against the issuance of said bonds, therefore; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City Coun- 
cil of the City of Beaumont, Texas, bonds for and in be- 
half of the City of Beaumont, to borrow money upon the 
credit of the city, for the purpose of extending and per- 
manently improving the sewerage system of the City of 
Beaumont. 

Sec. 2. That the Mayor is hereby instructed to have 
prepared seventy-five bonds of the denomination of one 
thousand dollars each, aggregating the sum of seventy- 
five thousand dollars, payable in current coin or other 


CITY OF BEAUMONT. 


597 


lawful money of the United States of America and to be 
numbered consecutively from one to seventy-five inclu- 
sive. 

Sec. 3. Said bonds shall be dated the first day of 
December, 1902, and shall run for forty years from their 
date, but the right shall be reserved by the city to re- 
deem the same at any time after twenty years from their 
date. 

Sec. 4. Said bonds shall bear interest from their 
date at the rate of four per cent per annum, payable semi- 
annually on the first day of December and the first day 
of June of each year, according to the tenor of the inter- 
est coupons thereto attached, and tne Donas shall be sign- 
ed by the Mayor, countersigned by the City Secretary 
and registered by the City Treasurer, and the seal of 
the city shall be impressed upon each of them. The cou- 
pons shall bear the engraved signature of the Mayor and 
City Secretary. 

Sec. 5. Principal and interest shall be payable on presen- 
tation or surrender of bond or proper coupons, at the of- 
fice of the City Treasurer of the City of Beauomnt, Texas, 
or at the- Seaboard National Bank in the City of New 
York, N. Y. at the option of the holder. 

Sec. 6. It is also ordained that the Mayor be author- 
ized to take and have charge of said bonds pending their 
investigation by the Attorney General, and upon their 
approval and registration shall proceed to sell the same 
at public or private sale at not less than their face value 
and the proceeds of the bonds when they shall have been 
sold, shall be deposited in the hands of the City Treas- 
urer and it is hereby made the duty of the Mayor to pro- 
vide that the said bonds shall be delivered to the pur- 
chaser in the City of Beaumont and that payment shall 
be made for the said bonds by the purchaser thereof in 
the said City of Beaumont. 

Sec. 7. For the purpose of paying interest on said 
bonds and creating a sinking fund, sufficient to discharge 
them at maturity, a tax of seven and twenty one-hun- 
dredths ( 7 20-100) cents on each one hundred dollars 


598 


CHARTER AND ORDINANCES. 


valuation of all taxable property in the City of Beaumont, 
shall be annually levied on said property and annually 
assessed and collected until said bonds and interest are 
paid and the said tax of seven and twenty one-hundredths 
(7 20-100) cents out of a tax of fifty cents levied to create 
the interest and sinking fund to pay the outstanding 
bonded indebtedness, by this council on the 6th day of 
May, 1902, (the ordinance making said levy, being of 
record on page 150, Book No. 1 of the Minutes of the Or- 
dinances of the City of Beaumont), is hereby appropri- 
ated and set aside to pay the interest and create the nec- 
essary sinking fund for the current year, and shall be 
assessed and collected and so applied, and said tax, or 
as much thereof as shall be necessary, is hereby levied 
for each year hereafter while said bonds are outstand- 
ing, and the same shall be annually assessed and col- 
lected and applied for the purposes named. 

Sec. 8. This ordinance shall take effect and be in full 
force from and after its passage and approval. Approved 
this 18th day of November, A. D. 1902. 

Whereas, at an election held for the purpose on the 
22nd day of November, 1904, a majority of the qualified 
voters, who were property tax payers of the City of Beau- 
mont, Texas, voting at said election sustained the propo- 
sition to issue sewerage bonds by a vote of 124 for the 
issuance of such bonds and a vote of 47 against the is- 
suance of such, therefore; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

That there shall be issued by the City of Beaumont, 
sewerage bonds of the City of Beaumont, Texas, for the 
purpose of borrowing money upon the credit of this city 
such money to be used in extending and permanently im- 
proving the sewerage system of the said City of Beau- 
mont. 

Sec. 2. That the Mayor of the City of Beaumont is hereby 
instructed and authorized to have prepared (30) thirty 


CITY OF BEAUMONT. 


599 


bonds of the City of Beaumont of the denomination of 
$1000.00, one thousand dollars, each, aggregating the sum 
of thirty thousand dollars, payable in current coin or 
otner lawful money of the United States of America and 
to be numbered consecutively from one to thirty in- 
clusive. 

Sec. 3. Said bonds shall be dated on the first day of 
January, 1905, and shall run forty years from their date, 
but the right is hereby expressly reserved by the City 
of Beaumont to redeem said bonds or any number there- 
of at any time after twenty years from their date. 

Sec. 4. Said bonds shall bear interest from their 
date at the rate of five per cent (5) per annum, and in- 
terest payable semi-annually on the first day of Jan- 
uary and the first day of July of each year, according to 
the tenor of the interest coupons thereto attached; said 
bonds shall be signed by the Mayor, countersigned by 
the City Secretary and registered by the City Treasurer 
and the seal of the city shall be impressed upon each 
of them. The coupons attached to such bonds shall bear 
the engraved signature of the Mayor and City Secretary. 

Sec. 5. The principal and interest of said bonds shall 
be paid, on surrender of the bond or proper coupons, at 
the office of the City Treasurer of the City of Beaumont, 
Texas. 

Sec. 6. The Mayor is hereby authorized to take ciiarge 
of said bonds pending their approval by the Attorney 
General of Texas, and upon their approval and registra- 
tion he shall proceed to sell the same at public or private 
sale at not less than their face value and the proceeds 
of such sale shall be deposited with the City Treasurer 
of the City of Beaumont, and it is hereby made the duty 
of the Mayor to provide that said bonds shall be delivered 
to the purchaser in the City of Beaumont and that pay- 
ment for the same shall also be made in the City of Beau- 
mont. 

Sec. 7. For the purpose of paying the interest on 


600 


CHARTER AND ORDINANCES. 


said bonds and creating a sinking fund to pay off and 
discharge the same at maturity, a tax of three cents on 
each one hundred dollars valuation for all taxable pro- 
perty in the City of Beaumont, shall be annually levied, 
assessed and collected on such property in the City of 
Beaumont until said bonds and interest are paid, and the 
said tax of three cents out of a tax of fifty cents on each 
one hundred dollars property valuation levied to create 
the interest and sinking fund to pay the outstanding bond- 
ed indebtedness of this city, levied by the City Council 
of the City of Beaumont on the 4th day of May, 1904, 
(the ordinance making said levy, being of record on page 
295 and 296, Book 1, of the Minutes of Ordinances of the 
City of Beaumont), is hereby appropriated and set aside 
to *ay the interest ar.u create the necessary sinking fund 
for the current year, and shall be assessed, collected and 
so applied, and said tax or so much thereof as may be 
necessary is hereby levied and shall hereafter be levied 
for each year while said bonds or any number thereof, 
are outstanding and the same shall be annually assessed 
and collected and be applied for the purposes named. 

Sec. 8. This ordinance shall take effect and be in 
force from and after its final passage and approval. Ap- 
proved this 28th day of November, 1904. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

(1) That an election be held in the City of Beau- 
mont, Texas, on the 25th day of December, A. D. 1906, at 
which election the following proposition shall be sub- 
mitted : 

(2) First. Shall the City Council of the City of 
Beaumont be authorized to issue the bonds of the said 
city, hereinafter designated as sewerage bonds, in the 
sum of seventy-five thousand ($75,000.00) dollars payable 
1J ' forty (40) years after date, with the option of redeem- 
ing same at any time after twenty (20) years from date, 
bearing interest at the rate of five (5) per cent per annum, 
payable semi-annually, and to levy a tax sufficient to pay 
the interest on said bonds and to create a sinking fund 


CITY OF BEAUMONT. 


601 


sufficient to redeem same at maturity, for the purpose 
of constructing public sewers and necessary laterals to 
be constructed as follows : The Broadway sewer to be ex- 
tended westward across and beyond the right of way of 
the Sabine and East Texas Ry. Co A our blocks ; Crockett 
Street sewer to be extended westward three blocks; Em- 
mett Street Sewer to be improved and extended west- 
ward and beyond the right of way of the Texarkana and 
Ft. Smith Ry. Co., three blocks; Magnolia Avenue sew- 
er to be extended northward three blocks; and a public 
sewer to be constructed on Sabine Pass Avenue from 
the Neches River southward to the right of way of the 
Texarkana and Ft. Smith Ry. Company and such laterals 
to be constructed as may hereafter be determined to 
serve the best interests of the city. 

Second. Shall the City Council of the City of Beau- 
mont be authorized to issue the bonds of the said city 
hereinafter designated as School House Building Bonds, 
in the sum of twenty-five thousand (25,000.00) dollars, pay- 
able in forty years after date with the option of redeem- 
ing same at any time after twenty (20) years from date, 
bearing interest at the rate of five (5) per cent per an- 
num, payable semi-annually and to levy a tax sufficient 
to pay the interest on said bond and create a sinking 
fund sufficient to redeem same at maturity for the pur- 
pose of constructing three public school buildings in the 
City of Beaumont. 

Third. Shall the City Council of the City of Beau- 
mont be authorized to issue the bonds of the said city 
hereinafter designated as School House Repair Bonds, 
in the sum of five thousand ($5000.00) dollars, payable 
in forty years after date with the option of redeeming 
same at any time after twenty (20) years from date, bear- 
ing interest at the rate of five per cent (5) per annum, 
payable semi-annually, and to levy a sufficient tax to 
pay the interest on said bonds and create a sinking fund 
sufficient to redeem same at maturity for the purpose of 
making improvements on and repairing the present pub- 
lic school buildings of the city. 


602 


CHARTER AND ORDINANCES. 


Fourth. Shall the City Council of the City of Beau- 
mont be authorized to issue the bonds of the said city, 
hereinafter designated as paving bonds, in the sum of 
twenty-five thousand (($25,000.00) dollars, payable in 
forty years after date, with the option of redeeming same 
at any time after twenty (20) years from date, bearing 
interest at the rate of five (5) per cent per annum, pay- 
able semi annually, and to levy a tax sufficient to pay 
the interest on said bonds and to create a sinking fund 
sufficient to pay the interest on said bonds and to create 
a sinking fund sufficient to redeem same at maturity, 
for the purpose of constructing permanent street im- 
provements. 

Sec. 3. That said election shall be held at the fol- 
lowing places, to-wit: 

In the first ward, at the Beaumont City Hall ; in the 
second ward, at the Salvation Army Barracks on Wall 
Street; in the third ward, at the Jefferson County Court 
House. 

Sec. 4. The following named persons are appointed 
officers of said elections: 

In the first ward, Geo. D. Anderson, Presiding Judge, 
W. E. Rogers, Assistant Judge; B. R. NorvelJ and Will 
Keith, Clerks. 

In the second ward, Mally Eastham, Presiding Judge, 
Will P. Oldham, Assistant Judge, H. W. Gilbert and S. H. 
Van Wormer, Clerks. 

In the third ward, Geo. O’B. Millard, Presiding 
Judge, Guy W. Junker, Assistant Judge, Ed. Carroll and 
L. B. Pipkin, Clerks. 

Sec. 5. That said election shall be held under the 
provisions of Chapter 149, Acts of the 26th Legislature, 
Laws 1899, and only qualified voters who are property 
tax payers of said City of Beaumont shall be alL* 7 ed to 
vote, and all voters desiring to support tbs proposition 
to issue sewerage bonds shall have printed on their bal- 
lots the words “For the issuance of Sewerage Bonds’ 5 
and those opposed to the issuance of Sewerage Bonds 


CITY OF BEAUMONT. 


603 


shall have printed on their ballots the words “ Against 
the issuance of ewerage Bonds” and all voters desiring 
to support the proposition to issue School House Build- 
ing bonds shall have printed on their ballots the words 
4 'For the issuance of School House Building Bonds” and 
those opposed to the issuance of School House Building 
Bonds shall have printed on their ballots the words 
‘ i Against the issuance of School House Building Bonds” 
and those desiring to support the proposition to issue 
School House Repair Bonds shall have printed on their 
ballots the words “For the issuance of School House Re- 
pair Bonds, ’ * and those opposed to the issuance of School 
House Repair Bonds shall have printed on their ballots 
the words “Against the issuance of School House Repair 
Bonds” and those desiring to support the proposition to 
issue Paving Bonds shall have printed on their ballots 
the words “For the issuance of Paving Bonds” and those 
opposed to the issuance of Paving Bonds shall have print- 
ed on their ballots the words “Against, the issuance of 
Paving Bonds.” 

The manner of holding said election shall be gov- 
erned by the laws of the State of Texas regulating gen- 
eral elections. 

Sec. 6. That a copy of this ordinance signed by the 
Mayor of the City of Beaumont and attested by the City 
Secretary shall serve as a proper notice of said election 
and the Mayor is directed to cause said notice to be posted 
up at each of the places designated for holding said elec- 
tion at least thirty (30) days prior to the date of said 
election. Approved this 21st day of Ausust. 1906. 

STATE OF TEXAS, 

County of Jefferson. 

Before me, the undersigned authority, on this day 
personally appeared J. H. Stewart, City Marshal of the 
City of Beaumont, Texas, who, being by me duly sworn, 
says on oath that he posted a true copy of the notice of 
election hereto attached at each of the places designated 
for holding said election, to-wit: The City Hall in the 
First Ward; the Salvation Army Barracks on Wall Street 


604 


CHARTER AND ORDINANCES. 


in the Second Ward, and the Jefferson County Court 
House in the Third Ward, each of which places are pub* 
lie in the precincts in which they are located: and that 
said notices of election were posted at each of said places 
on the 22nd day of August, A. D. 1906, which was more 
than thirty days prior to the date named for holding said 
election. 

J. H. STEWART, 

City Marshal, City of Beaumont. 

AN ORDINANCE. 

Authorizing the issuance of bonds for the purpose 
of constructing public sewers and necessary laterals with- 
in the City of Beaumont and providing for the levy and 
collection of a tax to pay the interest and create a sink- 
ing fund for the redemption of such bonds. 

Whereas, at an election held for the purpose on the 
26th day of September, A. D. 1906, a majority of the 
qualified voters, who are property tax payers of the City 
of Beaumont, Texas, voting at said election, sustained 
the proposition to issue bonds hereinafter described by 
a vote of 158 for the issuance of said bonds, to a vote 
of 9 against the issuance of said bonds, therefore: 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

(SEAL). GEO W. NEWMAN, 

Sworn and subscribed before me this the 24th day 
of August, A. D. 1906. 

Notary Public, Jefferson County, Texas. 

Sec. 1. That there shall be issued by tlie City of 
Beaumont, Texas, the bonds of said city, to be called 
4 ‘City of Beaumont Sewerage Bonds” for the purpose of 
borrowing money upon the credit of this city, such money 
to be used in constructing public sewers and necessary 
laterals within the City of Beaumont. 

Sec. 2. Said bonds shall be numbered consecutively 


CITY OF BEAUMONT. 


605 


from one (1) to 75 inclusive, and shall be of the denom- 
ination of one thousand ($1000.00) dollars, each, aggre- 
gating the sum of seventy-five thousand ($75,000.00) dol- 
lars and shall be payable in lawful money of the United 
States of America. 

Sec. 3. Said bonds shall be dated first day of De- 
cember, A. D. 1906, and shall become due and payable 
forty years from their date, but the right is hereby ex- 
pressly reserved by the City of Beaumont to redeem said 
bonds, or any number thereof, at any time after twenty 
(20) years from their date. 

Sec. 4. Said bonds shall bear interest from their date 
at the rate of five per cent (5) per annum, the interest 
payable semi-annually, on the first day of June and the 
first day of December, of each year according to the 
tenor of the interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall be 
payable on presentation and surrender of bond or proper 
coupon at the office of the City Treasurer of the City of 
Beaumont or at the Park Bank and Trust Company of 
Beaumont, or at the Hanover National Bank of New York 
City at the option of the holder. 

Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary and registered by the 
City Treasurer, and the seal of the city shall be impressed 
upon each one of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary shall be lithographed on the coupons. 

Sec. 8. It is further ordained by the City Council that 
to pay interest on said bonds and create a sinking fund 
sufficient to discharge them at maturity, a tax of six and 
three-tenths (.063) cents on each one hundred dollars 
valuation of all taxable property in said City of Beau- 
mont shall be annually levied on said property and an- 
nually assessed and collected until said bonds and in- 
interest are paid; and said tax of six and three-tenths 
( 063) cents on the hundred dollars, out of a tax of fifty 
(50) cents on each one hundred dollars property vain- 


606 


CHARTER AND ORDINANCES. 


a Lion levied to create the interest and sinking fund to 
pay the outstanding bonded indebtedness of this city by 
this council on the 15th day of May, 1906, (The ordi- 
nance making said levy being of record on page 384-5 
Book 1 of the Minutes of this council) is hereby appro- 
priated and set aside to pay the interest and create the 
necessary sinking fund for the current year and shall 
be assessed and collected and so applied; and said tax 
or so much thereof as may be necessary is hereby levied 
for each year hereafter while said bonds, or any number 
thereof, are outstanding and the same shall be annually 
assessed and collected and applied to the purposes named. 

Sec. 9. It is further ordained that the Mayor be au- 
thorized and he is hereby directed to have prepared the 
seventy-five bonds of the City of Beaumont of the denom- 
ination of one thousand ($1000.00) dollars each as above 
described; and that the said Mayor be authorized to take 
and have charge of said bonds pending their investiga- 
tion by the Attorney General of the State of Texas, and 
upon their approval and registration he shall proceed 
to sell the same at not less than their face value, at pub- 
lic or private sale and the proceeds of such sale shall 
be deposited with the City Treasurer of the City of Beau- 
mont, and it is hereby made the duty of the Mayor to 
provide that said bonds shall be delivered to the pur- 
chaser in the City of Beaumont and payment for same 
shall also be made in the City of Beaumont. 

Passed on the 6th day of November, A. D. 1906, ap- 
proved by the Mayor on the 6th day of November, A. D. 
1906. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That an election be held in the City of Beau- 
mont, Texas, on the 28th day of September, A. D. 1909, 
at which election the following proposition shall be sub- 
mitted: 

Sec. 2. First. Shall the City Council of the City of 
Beaumont be authorized to issue the bonds of the said ci- 


CITY OF BEAUMONT. 


607 


ty, hereinafter designated as school house building and re- 
pairbonds in the sum of one hundred thousand ($100,000.- 
00) dollars payable in forty years after date with the op- 
tion of redeeming same at any time after twenty years 
from date, bearing interest at the rate of five per cent 
(5) per annum, payable semi-annually and to levy a tax 
sufficient to pay the interest on said bonds and create a 
sinking fund sufficient to redeem same at maturity for 
the purpose of constructing certain public school build- 
ings, and making certain repairs on school buildings in 
the City of Beaumont. 

Sec. 3. Second. Shall the City Council of the City of 
Beaumont be authorized to issue bonds of the said city, 
hereinafter designated as sewer bonds in the sum of fifty 
thousand ($50,000.00) dollars, payable forty years from 
date with the option of redeeming same at any time after 
twenty (20) years from date, bearing interest at the rate 
of five per cent (5) per annum, payable semi-annually and 
to levy a tax sufficient to pay the interest on said bonds 
and create a sinking fund to redeem same at maturity for 
the purpose of constructing public sewers and necessary 
laterals within the City of Beaumont, the sewers and la- 
terals to be constructed as follows: 

Sabine Pass Avenue sewer to be extended to Cart- 
wright Avenue. 

Royal Street sewer to be extended to Avenue E. 

Broadway Street sewer to be extended within three 
hundred (300) feet of city limits. 

Third Street sewer to be extended from Broadway 
Street to Pecos. 

Wall Street sewer to be extended from Holmes Ave- 
nue to Railroad. 

Shamrock Street sewer to be extended from Sabine 
Pass Avenue to Irving Avenue. 

Mary Street sewer from Sabine Pass Avenue to Ir- 
ving Avenue. 

College Street from Avenue D. to Avenue F. 

Avenue A sewer to Cedar Street to McFaddin, Wiess, 


608 


CHARTER AND ORDINANCES. 


Kyle Rice Milling Company. 

Magazine Street sewer from Brake’s Bayou to Mag- 
nolia Avenue. 

Long Avenue from Brake’s Bayou west to Center 
Street. 

And said laterals to be constructed as may hereafter 
be determined to serve the best interests of the city. 

Sec. 4. Third. Shall the City Council of the City of 
Beaumont be authorized to issue the bonds of the said 
city, hereinafter designated as Street Improvement and 
Repair bonds in the sum of ten thousand ($10,000.00) dol- 
lars, payable in forty (40) years after date with the op- 
tion of redeeming same at any time after twenty (20) 
years from date, bearing interest at the rate of five per 
dent (5) per annum payable semi-annually and to create 
a sinking fund sufficient to redeem same at maturity, for 
the purpose of Street Improvement and Repairs. 

Sec. 5. That said election shall be held at the follow- 
ing places, to-wit; 

In the first ward at the Beaumont (Aty Hall. 

In the second ward at the Salvation Army Barracks 
on Wall Street. 

In the third ward at the Jefferson County Court 
House. 

Sec. 6. That the following named persons are ap- 
pointed officers of said election: 

In the first ward — H. D. Fletcher, Presiding Judge, 
Jno. L. Keith, Assistant Judge. 

In the second ward — H. C. Schwaner, Presiding 
Judge, Ras Landry, Assistant Judge. 

In the third ward — A. B. Pipkin, Presiding Judge, 
Kyle Ward, Assistant Judge. 

Sec. 7. The said election shall be held under the pro- 
visions of Chapter 149, Acts of the 26tli Legislature, Laws 
1899, and only qualified voters who are property tax 
payers of said City of Beaumont shall be allowed to 
vote, and all voters desiring to support the proposition 
to issue School House Building Repair bonds, shall have 


CITY OF BEAUMONT. 


609 


printed on their ballots the words “For the issuance of 
School House Building and Repair bonds” and those 
opposed to the issuance of School House Building and 
Repair Bonds shall have printed on their ballots tiie 
words “Against the issuance of School House Building 
and Repair bonds” and those desiring to support the 
proposition to issue Sewerage Bonds shall have printed 
on their ballots the words “For the issuance of Sewerage 
Bonds” and those opposed to the issuance of Sewerage 
Bonds shall have printed on their ballots the words 
“Against the issuance of Sewerage Bonds” and all vo- 
ters desiring to support the proposition to issue Street 
Improvement and Repair Bonds, shall have printed on 
their ballots “For the Issuance of Street Improvement 
and Repair Bonds” and those opposed to the issuance of 
Street Improvement and Repair Bonds shall have printed 
on their ballots the words 1 1 Against the issuance of Street 
Improvement and Repair Bonds.” The manner of hold- 
ing said election shall be governed by the Laws of the 
Slate of Texas, regulating general elections. 

Sec. 8. That a copy of this ordinance signed by the 
Mayor of the City of Beaumont and attested by the City 
Secretary shall serve as proper notice of said election and 
the Mayor is directed to cause said notices to be posted 
up»at each of the places designated for holding said elec- 
tion, at least thirty (30) days prior to the date of said 
election. Approved this the 17th day of August, 1909. 

Whereas, at an election held for the purpose on the 
28th day of September, A. D. 1909, a majority of the qual- 
ified voters, who are property tax payers of the City of 
Beaumont, Jefferson County, Texas, voting at said elec- 
tion, sustained the proposition to issue the bonds here- 
inafter described, by a vote of one hundred and sixty- 
seven for the issuance of said bonds, to a vote of nine 
against the issuance of said bonds, therefore ; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 


610 


CHARTER AND ORDINANCES. 


Beaumont, Texas, the bonds of said city to be called ‘ 4 City 
of Beaumont Sewerage Bonds ” for the purpose of bor- 
rowing money upon the credit of this city, such money 
to be used in the construction of public sewers and nec- 
essary laterals within the City of Beaumont. 

Sec. 2. Said bonds shall be numbered consecutively 
from one (1) to fifty (50) inclusive, and shall be of the 
denomination of one thousand ($1000.00) dollars each, ag- 
gregating the sum of fifty thousand ($50,000.00) dollars, 
and shall be payable in lawful money of the United States 
of America. 

Sec. 3. Said bonds shall be dated December 1st, 
A. D. 1909, and shall become due and payable forty years 
from date, but the right is hereby expressly reserved by 
the City of Beaumont to redeem said bonds or any number 
thereof, at any time after twenty years from their date. 

Sec. 4. Said bonds shall bear interest from their 
date, at the rate of five per cent per annum, the interest 
payable semi-annually, on the first day of June and the 
first day of December of each year according to the tenor 
of the interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall 
be payable on presentation and surrender of bonds or pro- 
per coupons at the office of the City Treasurer of the City 
of Beaumont, or at the Hanover National Bank of New 
York, at the option of the holder. 

Sec. 6. Said bonds shall be signed by the Mayor, coun- 
tersigned by the City Secretary, and registered by the 
City Treasurer, and the seal of the city shall be impressed 
upon each one of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary shall be lithographed on the coupons. 

Sec. 8. It is further ordained by the City Council 
that to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity, a tax of 
three and one-tenth cents (.031) on each one hundred dol- 
lars valuation of all taxable property in the said City of 


CITY OF BEAUMONT. 


611 


Beaumont shall be levied annually on said property and 
annually assessed and collected until said bonds and in- 
terest are paid; and said tax of three and one-tenths 
cents (.031) on the one hundred dollars, out of a tax of 
fifty-two cents on each one hundred dollars property val- 
uation levied to create the interest and sinking fund to 
pay the outstanding indebtedness of this city by the coun- 
cil on the 4th day of May, A. D. 1909 (the ordinance mak- 
ing the levy being of record on pages 30 and 31, Volume 
2 of the Ordinance Minutes of this Council) is hereby ap- 
propriated and set aside to pay the interest and create 
a sinking fund necessary for the current year, and shall 
be so assessed and collected and so applied, and said tax 
or so much thereof as may be necessary is hereby levied 
for each year hereafter, while said bonds or any number 
thereof, are outstanding and the same shall be annually 
assessed and collected and applied for the purposes 
named. 

Sec. 9. It is further ordained that the Mayor be au- 
thorized and he is hereby directed to have prepared the 
fifty (50) bonds of the City of Beaumont, of denomina- 
tion of one thousand ($1000.00) dollars each, as above de- 
scribed, and that said Mayor be authorized to take and 
have charge of said bonds, pending their investigation 
by the Attorney General of the State of Texas, and up- 
on their approval and registration, he shall proceed to 
sell them at not less than their face value at public or 
private sale, and the proceeds of such sale shall be de- 
posited with the City Treasurer, of the City of Beau- 
mont, and it is hereby made the duty of the Mayor to 
provide that said bonds shall be delivered to the pur- 
chaser in the City of Beaumont, and the payment of same 
shall be made in the City of Beaumont 

Sec. 10. This ordinance shall take effect and be in 
full force from and after its passage, lawful publication, 
and approval by the Mayor. 

Approved and passed on the 20th day of October, 
A. D. 1909. 


612 CHARTER AND ORDINANCES. 

CHAPTER IX. 

SCHOOL BUILDING AND REPAIR BONDS. 

Now came on to be considered tlie matter of calling 
in and cancelling and paying off all outstanding bonds 
of the City of Beaumont, issued during the pear 1888 and 
1889. Whereupon on motion, the City Secretary was in- 
structed to place a notice in some daily paper published 
in the City of Beaumont, notifying the owners and hold- 
ers of all bonds issued during the years 1888 and 1889 
to present the same for payment to tlie Mayor of the City 
of Beaumont at the First National Bank of Beaumont, 
Texas, or the Treasurer of the City of Beaumont, at his 
office in said city, on or before the first day of April, 
A. D. 1889, for payment, and the City Treasurer is here- 
by instructed not to pay any interest on any of said bonds 
issued during the years 1888 and 1889 after the first of 
April, 1899. 

Now came to be considered the following ordinance, 
on motion same was adopted, as follows, to-wit: 

- BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued in the City of Beau- 
mont, bonds to the extent of thirteen thousand five hun- 
dred dollars, to be called City of Beaumont Refunding 
Bonds, for and in behalf of the City of Beaumont to bor- 
row money upon the credit of the city, to be used in tak- 
ing up and retiring three separate outstanding issues 
of bonds made by the City of Beaumont under and by 
authority of three separate ordinances, passed by the 
City Council of the City of Beaumont, the first passed 
and approved February 1st, 1888, and bearing date of 
February 1st, 1888, for the sum of ten thousand dollars, 
for the purpose of constructing a system of water works 
for said city, the same bearing six per cent per annum, 
interest and principal payable at the office of the City 
Treasurer of the City of Beaumont. The second ordinance 
passed and approved July 3, 1888 and bearing date of July 
3rd, 1888, for the sum of four thousand dollars for the 


613 


CITY OF BEAUMONT. 

purpose of erecting a public school building for white 
children in the City of Beaumont, the same bearing six 
per cent interest per annum, interest and principal pay- 
able at the office of the City Treasurer of the City of 
Beaumont; and the third issue passed and approved Jan- 
uary 3rd, 1889, and bearing date of January 3rd, 1889, 
for the sum of four thousand dollars for the purpose of 
constructing a public school building in the City of Beau- 
mont, the same bearing six per cent interest per annum, 
interest and principal payable at the office of 
the City Treasurer of the City of Beau- 
mont; all the above bonds running thirty years 
from their dates respectively, the right remaining in the 
City of Beaumont to pay same at any time after ten years 
from the date of their issue, of which said three issues, 
aggregating eighteen thousand dollars, the sum of four 
thousand and five hundred has heretofore been called 
in and paid. 

Sec. 2. That the Mayor of the City of Beaumont is 
hereby instructed to prepare thirteen thousand five hun- 
dred dollars bonds, in denomination of five hundred dol- 
lars each, payable in current coin or other lawful money 
of the United States of America, and shall be numbered 
from one to twenty-seven, inclusive; said bonds to be 
dated April 1st, 1889, and shall become due and payable 
thirty years after date, but shall be redeemable at the op- 
tion of the City of Beaumont at any time after twenty 
years from the date of the same, and shall bear interest 
at the rate of five per cent per annum, interest to be pay- 
able semi-annually, on the first day of July, 1889, and the 
first day of January, and on the first day of July of each 
year thereafter up to and including the first day of April, 
1929, as per interest coupons attached to said bonds. The 
bonds herein provided for shall be signed by the Mayor 
and attested by the City Secretary, and shall bear the seal 
of the City of Beaumont; the coupons shall bear the en- 
graved signature of the Mayor and the City Secretary, 
and both principal and interest of said bonds shall be pay- 
able at the National City Nank of the City of New York, 
N. Y. 


614 


CHARTER AND ORDINANCES. 


Sec. 3. Said bonds shall be placed in the hands of 
the Mayor of the City of Beaumont, and said Mayor shall, 
as soon as practicable, proceed to sell the same at private 
or public sale, and at not less than par value and accrued 
interest. The proceeds of said bonds, when so sold, shall 
be used by the Mayor for the purpose of taking up and 
retiring the aforesaid eighteen thousand dollars of bonds, 
less the four thousand five hundred dollars, which has 
heretofore been paid according to the ordinances passed 
by the City Council of the City of Beaumont, dated and 
approved February 1st, 1888, and July 1st, 1888 and Jan- 
uary 3rd, 1889, respectively, giving the city the option of 
redemption of said bonds after the lapse of ten years 
from the date thereof. 

Sec. 4. For the purpose of paying interest on said 
bonds as provided for by this ordinance, and providing 
a sinking fund sufficient to redeem them at maturity, 
there is hereby levied for the year 1899, on each one hun- 
dred dollars of property in the City of Beaumont liable 
to taxation, a special ad valorem tax of six and four- 
tenths (6 4-10) cents, and said tax, or so much thereof 
as may be necessary is also levied for each succeeding 
year so long as may be necessary to provide for the in- 
terest and sinking fund aforesaid on the entire amount 
of said bonds; and if at any time the amount of said as- 
sessment shall not be^sufficient to provide for the interest 
and sinking fund aforesaid, then it shall be the duty of 
the City Council of the City of Beaumont to increase such 
assessment so that a sufficient amount shall be realized 
therefrom to meet the requirements for interest and sink- 
ing fund on said bonds; and it is hereby promised and 
agreed that such increase of assessment shall be made 
if required for the purpose named. That to meet the 
sinking fund and interest to become due on the issue of 
bonds during the year 1899, there is hereby appropriated 
out of the tax heretofore levied to meet the interest and 


CITY OF BEAUMONT. 


615 


sinking fund on the outstanding bonded indebtedness, a 
sufficient amount to meet the same. 

Sec. 5. This ordinance shall take effect and be in 
force from and after its passage. 

Approved this 7th day of February, 1899. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the bonds of the said city to be called 
4 ‘City of Beaumont School House Repair Bonds’ ’ to be 
issued under and by virtue of Article 486, Revised Sta- 
tutes of Texas, 1895, and also Sec. 4 of Chapter CLXVIX 
of the Acts of the Legislature of Texas, 1899, and the 
Charter of the City of Beaumont, Texas, for the purpose 
of repairing the White Public School House located in 
the first ward of the City of Beaumont and known as 
the North End White Public Free School. 

Sec. 2. Said bonds shall be numbered consecutively 
from one to three inclusive, shall be of the denomination 
of six hundred (600) dollars each and aggregate the sum 
of eighteen hundred (1800) dollars. 

Sec. 3. They shall be dated on the 1st day of Octo- 
ber, 1901, and shall become due and payable forty years 
from their date, but may be redeemed at the pleasure of 
the city at any time after twenty years from their date. 

Sec. 4. They shall bear interest at the rate of five 
per cent per annum, payable semi-annually on the first 
day of October and the first day of April. 

Sec. 5. Principal and interest shall be payable on the 
presentation and surrender of bonds or proper coupons at 
the office of the City Treasurer of the City of Beaumont, 
Texas. 

Sec. 6. Said bonds shall be signed by the Mayor and 
countersigned by the City Secretary and registered by the 
City Treasurer and the seal of the city shall be impressed 
upon each of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary may be lithographed on the coupons. 


616 


CHARTER AND ORDINANCES. 


Sec. 8. It is further ordained by the City Council 
that to' pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity a tax 
of one half per cent on each one hundred dollars valuation 
of all taxable property of said City of Beaumont shall be 
annually levied on said property and annually 
assessed and collected until said bonds and in- 
terest are paid and said tax of one half cent 
on the one hundred dollars out of a tax of 
fifty cents levied for the payment of the interest and sink- 
ing fund on the outstanding bonded indebtedness of the 
City of Beaumont by the City Council on the 7th day 
of May, 1901, (the ordinance making the levy being of 
record on page 81 Book No. 2 of the Minutes of Ordi- 
nances of this council) is hereby appropriated to pay the 
interest and create a necessary sinking fund for the cur- 
rent year, and shall be assessed and collected and so ap- 
plied, and said tax is hereby levied for each vear here- 
after while said bonds are outstanding, and the same 
shall be annually assessed and collected and applied for 
purpose named. 

Sec. 9. It is also ordained that the Mayor and Fi- 
nance Committee of the City Council be authorized to 
take and have charge of said bonds pending their in- 
vestigation by the Attorney General, and upon their ap- 
proval and registration shall have the authority to ne- 
gotiate their sale and receive for the city the proceeds 
therefor. 

Approved October 20th, 1901. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the bonds of said city to be called ‘ ‘ City 
of Beaumont School House Repair Bonds’ ’ to be issued 
under and by virtue of Article 486, Revised Statutes of 
Texas, 1895 and also Section 4, of Chapter CLXIX of the 
Acts of the Legislature of Texas, 1899, and the Charter 
of the City of Beaumont, Texas, for the purposes of re- 


CITY OF BEAUMONT. 


617 


pairing the White Public School House located in the first 
ward of the City of Beaumont and known as the North 
End White Public School House. 

Sec. 2. Said bonds shall be numbered consecutively 
from one to three inclusive, shall be of the denomination 
of six hundred dollars ($600.00) each and aggregating 
eighteen hundred ($1800.00) dollars. 

Sec. 3. They shall be dated the first day of Novem- 
ber, 1901, and shall become due and payable forty years 
from their date, but may be redeemed at the pleasure 
of the city at any time after twenty years from their 
date. 

Sec. 4. They shall bear interest at the rate of five 
per cent per annum payable semi-annually on the first 
day of November and the first day of May of each year. 

Sec. 5. Principal and interest shall be payable on 
the presentation and surrender of bonds or proper cou- 
pons at the office of the City Treasurer of the City of 
Beaumont, Texas. 

Sec. 6. Said bonds shall be signed by the Mayor and 
countersigned by the City Secretary and registered by 
the City Treasurer and the seal of the city shall be im- 
pressed upon each of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary may be lithographed on the coupons. 

Sec. 8. It is further ordained by the City Council 
thai to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity a tax 
of one half cents on each one hundred dollars valuation 
6f all taxable property of said City of Beaumont shall be 
annually levied on said property and annually assessed 
and collected until said bonds and interest are paid and 
said tax of one-half cent on the one hundred dollars out 
of a tax of fifty cents levied for the payment of the inter- 
est and sinking fund on the outstanding bonded indebt- 
edness of the City of Beaumont by the City Council on 
the 7th day of May, 1901 (this ordinance making the 
levy, being of record on page 81 of Book 2 of the Minute 
Book of Ordinances of this council) is hereby appropri- 
ated to pay the interest and create the necessary sinking 


618 


CHARTER AND ORDINANCES. 


fund for the current year and shall be assessed and col- 
lected and so applied, and said tax is hereby levied for 
each year hereafter while said bonds are outstanding and 
the same shall be annually assessed and collected and 
applied to the purposes named. 

Sec. 9. It is also ordained that the Mayor and Fi- 
nance Committee of the City Council be authorized to 
take and have charge of said bonds pending their in- 
vestigation by the Attorney Genarel and upon their 
approval and registration shall have authority to ne- 
gotiate their sale and receive for the city the proceeds 
thereof. 

Approved November 6th, 1901. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the bonds of said city to be called “City 
of Beaumont School House Repair Bonds’ ’ to be issued 
under and by virtue of Article 486, Revised Statutes of 
Texas, 1895, and also Section 4 of Chapter CLXIN of the 
Acts of the Legislature of Texas of 1899 and the Charter 
of the City of Beaumont, Texas, for the purpose of re- 
pairing the White Public School House located in the 
third ward of the City of Beaumont and known as the 
South End White Public School House. 

Sec. 2. Said bonds shall be numbered consecutively 
from one to three (3) inclusive; shall be of the denomin- 
ation of six hundred ($600) dollars each and aggregating 
eighteen hundred ($1800.00) dollars. 

Sec. 3. They shall bear interest at the rate of five 
(5) per cent per annum, payable semi-annually on the 1st 
day of December and the 1st day of June of each year. 

Sec. 5. Principal and interest shall be payable on 
the presentation and surrender of bond or proper coupon 
at the office of the City Treasurer of the City of Beau- 
mont, Texas. 

Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary, and registered by 


CITY OF BEAUMONT. 


619 


tlie City Treasurer and the seal of the city shall be im- 
pressed upon each of them. 

Sec. 7. The fac-simile signature of the Mayor and 
City Secretary may be lithographed on th'> :cupons. 

Sec. 8. It is further ordained by the City Council 
1 hat to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity a tax 
of one-half cent on each one hundred dollars valuation 
of all taxable property of said City of Beaumont, shad 
b^ annually levied on said property, and annually as- 
sessed and collected until said bonds and interest are 
paid, and said tax of one-half cent on the one hundred 
dollars out of a tax of fifty cents levied for the payment 
of the interest and sinking fund on the outstanding bond- 
ed indebtedness of the City of Beaumont by this City 
Council on the 7th day of May, 1901, (the ordinance mail- 
ing the levy being of record on page 81, Book 2 of the 
Minutes of Ordinances of this city council) is hereby ap- 
propriated to pay the interest and create the necessary 
sinking fund for the current year and shall be assessed 
and collected and so applied and a tax is hereby levied 
for each year hereafter while said bonds are outstanding 
and the same shall be annually assessed and collected and 
applied to the purpose named. 

(Sec. 9. It is also ordained that the Mayor and Fi- 
nance Committee of the City Council be authorized to 
lake charge of said bonds pending their investigation by 
the Attorney General, and upon their approval and reg- 
istration shall have the authority to negotiate their sale 
and receive for the city the proceeds thereof. 

Passed on the 3rd day of December, 1901. Approved 
on the 4th day of December, 1901. 

Yvhereas, at an election held for the purpose on the 
11th day of November, 1902, a majority of the qualified 
voters, who are property tax payers of the City of Beau 
mont, Texas, voting at said election sustained the pro- 
position to issue the bonds hereinafter described by a vote 
of 313 for the issuance of said bonds and a vote of 14 
against the issuance of said bonds, therefore; 


620 


CHARTER AND ORDINANCES. 


BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City Coun- 
cil of the City of Beaumont, Texas, bonds for and in be- 
half of the City of Beaumont to borrow money upon the 
credit of the City, for the purpose of erecting School 
Buildings in the City of Beaumont. 

Sec. 2. That the Mayor is hereby instructed to have 
prepared seventy-five bonds of the denomination of one 
thousand dollars each, aggregating the sum of seventy- 
five thousand dollars, payable in current coin or ocher 
lawful money of the United States of America, and to be 
numbered consecutively from one to seventy-five inclu- 
sive. 

Sec. 3. Said bonds shall be dated on the first day 
of December, 1902, and shall run forty years from their 
date, but the right shall be reserved to the city to redeem 
the same at any time after twenty years from their date. 

Sec. 4. Said bonds shall bear interest from their date 
at the rate of four per cent per annum, payable semi-an- 
nually on the first day of December and the first day of 
June of each year, according to the tenor of interest cou- 
pons thereto attached; said bonds shall be signed by tlie 
Mayor, countersigned by the City Secretary and regis- 
tered by the City Treasurer and the seal of the city shall 
be impressed upon each of them; the coupons shall bear 
the engraved signature of the Mayor and the City Secre- 
tary. 

Sec. 5. Principal and interest shall be payable on 
presentation or surrender of bonds or proper coupons 
at the office of the City Treasurer of the City of Beau- 
mont, Texas, or at the Seaboard National Rank of the 
City of New York, N. Y. at the option of the holder. 

Sec. 6. It is also ordained that the Mayor be author- 
ized to take and have charge of the said bonds, pending 
their investigation by the Attorney General, and upon 
their approval and registration, shall proceed to sell the 
same at public or private sale, at not less than face value 


CITY OF BEAUMONT. 


621 


and the proceeds of the bonds, when they shall have been 
sold, shall be deposited in the hands of the City Treas- 
urer, and it is hereby made the duty of the Mayor to pro- 
vide that the bonds shall be delivered to the purchaser in 
the City of Beaumont, and that payment shall be made 
for the said bonds, by the purchaser thereof, in the said 
City of Beaumont. 

Sec. 7. For the purpose of paying interest on the 
said bonds and creating a sinking fund sufficient to dis- 
charge them at maturity, a tax of seven and twenty-hun- 
dreths (7 20-100) cents on each one hundred dollars vaJ- 
uation of all taxable property in the City of Beaumont, 
shall be annually levied on said property and annually 
assessed and collected until said bonds and interest are 
paid and the said tax of seven and twenty one- hundred- 
ths (7 20-100) cents out of a tax of fifty cents, levied to 
create the interest and sinking fund to pay the outstand- 
ing bonded indebtedness of this council on the 6th day 
of May, 1902, the ordinance making the said levy, being 
of record on page 150, Book No. 1 of the Minutes of the 
Ordinances of the City of Beaumont, is hereby appropri- 
ated and set aside to pay the interest and create the nec- 
essary sinking fund for the current year and shall be as- 
sessed and collected and so applied; and said tax, or as 
much thereof as shall be necessary, is hereby levied for 
each year hereafter while said bonds are outstanding and 
the same shall be annually assessed and collected and 
applied for the purposes named. 

Sec. 8. This ordinance shall take effect and be in 
force from and after its passage and approval. 

Approved November 18th, A. D. 1902. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That an ordinance passed and approved on 
the 16th day of May, 1905, providing for the issuance of 
four (4) bonds of the City of Beaumont to be known as 
School House Repair Bonds of the denomination of $500 
each, and levying a tax to pay the interest and create 


622 


CHARTER AND ORDINANCES. 


a sinking fund sufficient to redeem such bonds, be and 
the same is hereby in all things repealed. 

Passed and approved July 18th, 1905. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

That for the purpose of repairing the public school 
buildings of the City of Beaumont there shall be issued 
by the City of Beaumont 19 bonds of this city in denom- 
ination of $100.00 each; said bonds shall be dated Sep- 
tember 1st, A. D. 1905, and shall bear interest at the rate 
of five per cent (5) per annum, the interest payable semi- 
annually, both principal and interest payable at the hirst 
National Bank of Beaumont, Texas. Said bonds shall be 
numbered consecutively from one to nineteen inclusive. 

Sec. 2. Said bonds shall mature and become pay- 
able twenty years after date thereof but the City of Beau- 
mont reserves the right to redeem the same at any time 
after ten years from the date thereof upon payment of 
the principal and all interest due thereon at the time of 
such redemption. 

Sec. 3. Said bonds shall be signed by the Mayor and 
countersigned by the City Secretary and the fac-simile 
of the signature of said Mayor and City Secretary shall 
be lithographed upon each of the coupons of said bonds; 
and after approval and registration of the same hereby 
required by general law, the Mayor is hereby authorized 
to dispose of the same at any sum not less than par and 
accrued interest and the proceeds of the sale thereof 
shall be deposited to the credit of the proper fund in the 
hands of the City Treasurer of this city and such fund 
shall not be used or diverted for any other purpose than 
repairing of the school buildings as aforesaid. 

Sec. 4. It is further ordained by the City Council 
that to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity, a tax 
of (.01) one cent on each one hundred ($100.00) valua- 
tion of all taxable property in said City of Beaumont 
shall be annually levied on said property and annually 


CITY OF BEAUMONT. 


623 


assessed and collected until said bonds and interest are 
are paid, and said tax of one cent on the $100.00 out of a 
tax of fifty cents levied for the purpose of paying the 
interest and creating a sinking fund to pay off and dis- 
charge all bonds heretofore issued and to be issued by 
this council, is hereby appropriated and set aside to pay 
the interest and create the necessary sinking fund for 
the current year and shall be assessed, collected and so 
applied ; and said tax is hereby levied for each year here- 
after while said bonds are outstanding and the same 
shall be annually assessed, collected and applied to the 
purposes named. 

Passed by the City Council of the City of Beaumont 
on the 5th day of September, 1905, and approved by the 
Mayor on the 5th day of September, 1905. 

Whereas, at an election held for the purpose on the 
25th day of September, A. D. 1906, a majority of the qual- 
ified voters, who are property tax payers of the City of 
Beaumont, Texas, voting at said election sustained the 
proposition to issue the bonds hereinafter described by 
a vote of 152 for the issuance of said bonds, to a vote of 
10 against the issuance of said bonds, therefore; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, the bonds of the said city, to be called 
i * City of Beaumont School House Building Bonds” for 
the purpose of borrowing money upon the credit of this 
city, such money to be used in constructing three public 
school buildings within the City of Beaumont. 

Sec. 2. Said bonds shall be numbered consecutively 
from 1 to 25 inclusive, and shall be of the denomination 
of one thousand ($1000.00) dollars each, aggregating the 
sum of twenty-five thousand ($25,000.00) dollars and 
shall be payable in lawful money of the United States of 
America. 

Sec. 3. Said bonds shall be dated first day of Dec- 


624 


CHARTER AND ORDINANCES. 


ember, A. D. 1906, and shall become due and payable 
forty (40) years from their date, but the right is hereby 
expressly reserved by the City of Baumont to redeem 
such bonds, or any number thereof, at any time after 
twenty (20) years from their date. 

Sec. 4. Said bonds shall bear interest from their 
date at the rate of five per cent (5) per annum, the in- 
terest payable semi-annually on the first day of June 
and the first day of December of each year according 
to the tenor of the interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall 
be payable on presentation and surrender of bond or 
proper coupon at the office of the City Treasurer of the 
City of Beaumont or at the Park Bank and Trust Com- 
pany of Beaumont, or at the Hanover National Bank of 
New York City, at the option of the holder. 

Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary and registered by the 
City Treasurer, and the seal of the city shall be impressed 
upon each one of them. 

Sec. 7. The fac-simile signatures of the Mayor and 
City Secretary shall be lithographed on the coupons. 

Sec. 8. It is further ordained by the City Council 
that to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity a tax 
of two (.02) cents on each one hundred dollars valuation 
of all taxable property in said City of Beaumont shall 
be annually levied on said property and annually assessed 
and collected until said bonds and interest are paid; and 
said tax of two (.02) cents on each one hundred dollars, 
out of a tax of fifty cents on each one hundred dollars 
property valuation levied to create the interest and sink- 
ing fund to pay the outstanding bonded indebtedness 
of this city by this council on the 15tli day of May, A. D. 
1906 (the ordinance making said levy being of record 
on pages 384- 385, Book Number 1, of the Minutes of this 
council) is hereby appropriated and set aside to pay 
the interest and create the necessary sinking fund for the 


CITY OF BEAUMONT. 


625 


current year, and shall be assessed and collected and so 
applied; and said tax or so much thereof as may be nec- 
essary is hereby levied f©r each year hereafter while 
said bonds or any number thereof are outstanding, and 
the same shall be annually assessed and collected and ap- 
plied to the purposes named. 

Sec. 9. It ite further ordained that the Mayor be au- 
thorized and he is hereby directed to have prepared the 
twenty-five bonds of the City of Beaumont of the denom- 
ination of one thousand ($1000.00) dollars each, as above 
described, and that said Mayor be authorized to take ana 
have charge of said bonds pending their investigation 
by the Attorney General of the State of Texas, and upon 
their approval and registration, he shall proceed to sell 
the same at not less than their face value, at public or 
private sale, and the proceeds of such sale shall be de- 
posited with the City Treasurer of the City of Beaumont, 
and it is herby made the duty of the Mayor to provide 
that said bonds shall be delivered to the purchaser in tne 
(jity of Beaumont and payment for same shall also be 
made in the City of Beaumont. 

Passed and approved on the 6th day of November, 
A. D. 1906. 

Whereas, at an election held for the purpose on the 
25th day of September, A. D. 1906, a majority of the tax 
payers of the City of Beaumont, Texas, voting at said 
election sustained the proposition to issue the bonds 
hereinafter described by a vote of 155 for the issuance of 
said bonds, to a vote of 10 against the issuance of said 
bonds, therefore, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, the bonds of the said city, to be called 
“City of Beaumont School House Repair Bonds” for the 
purpose of borrowing money upon the credit of tjiis city, 


626 


CHARTER AND ORDINANCES. 


such money to be used in making improvements on and 
repairing the present public school buildings of the city. 

Sec. 2. Said bonds shall be numbered consecutively 
from 1 to 5 inclusive, and shall be of the denomination of 
one thousand ($1000.00) dollars each, aggregating the 
sum of five thousand ($5000.00) dollars, and shall be pay- 
able in lawful money of the United States of America. 

Sec. 3. Said bonds shall be dated on the first day of 
December, A. D. 1906, and shall become due and payable 
forty (40) years from their date, but the right is hereby 
expressly reserved by the City of Beaumont to redeem 
said bonds, or any number thereof, at any time after 
twenty (20) years from their date. 

Sec. 4. Said bonds shall bear interest from their 
date at the rate of five (5) per cent per annum, the inter- 
est payable semi-annually, on the first day of June and 
the first day of December, of each year, according to the 
tenor of the interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall be 
payable on presentation and surrender of bond or proper 
coupons at the office of the City Treasurer of the City of 
Beaumont, or at the Park Bank and Trust Company of 
Beaumont, or at the Hanover National Bank of New York 
City, at the option of the holder. 

Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary, and registered by 
the City Treasurer and the seal of the City shall be im- 
pressed upon each one of them. 

Sec. 7. The fac-simile signatures of the Mayor and 
City Secretary shall be lithographed upon the coupons. 


CITY OF BEAUMONT. 


627 


Sec. 8. It is further ordained by the City Council 
that to pay the interest on said bonds and create a sink- 
ing fund sufficient to discharge them at maturity a tax 
of four mills (.004) on each one hundred ($100.00) dol- 
lars valuation of all taxable property in the said City of 
Beaumont, shall be annually levied on said property and 
annually assessed and collected until said bonds and in- 
terest are paid; and said tax of four mills (.004) on the 
one hundred dollars out of a tax of fifty (.50) cents on 
each one hundred dollars property valuation levied to 
icreate the interest and sinking fund to pay the out- 
standing bonded indebtedness of this city by this coun- 
cil on the 15th day of May, A. D. 1906, (the ordinance 
making said levy being of record on pages 384-385, Book 
Number 1 of the Minutes of this Council) is hereby ap- 
propriated and set aside to pay the interest and create 
the necessary sinking fund for the current year, and 
shall be assessed and collected and so applied; and said 
tax, or so much thereof as may be necessary, is hereby 
levied for each year hereafter while said bonds, or any 
number thereof, are outstanding, and the same shall be 
annually assessed and collected and applied to the pur- 
poses named. 

Sec. 9. It is further ordained that the Mayor be au- 
thorized and he is hereby directed to have prepared the 
five bonds of the City of Beaumont of the denomination 
of one thousand ($1000.00) dollars each, as above de- 
scribed and that the Mayor be authorized to take and 
have charge of such bonds, pending their investigation 
by the Attorney General of the State of Texas, and on 
their approval and registration he shall proceed to soil 
the same at not less than their face value, at public or 
private sale, and the proceeds of such sale shall be de- 
posited with the City Treasurer of the City of Beaumont, 
and it is hereby made the duty of the Mayor to provide 
that said bonds shall be delivered to the purchaser in the 
City of Beaumont and payment for same shall also be 
made in the City of Beaumont. 

Passed and approved on the 6th day of November, A. 
D. 1906. 


628 


CHARTER AND ORDINANCES. 


^E IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

Sec. 1. That the City Treasurer is hereby authorized 
and required to transfer from the interest and sinking 
fund of the School House Repair Bonds Number 4 to the 
City School Fund, the sum of nineteen hundred dollars, 
par value of nineteen School House bonds issued Septem- 
ber 1st, 1905, together with accrued interest from Sep- 
tember 1st, 1905, to March 16th, 1909, amounting to the 
sum of $337.00, bonds and interest aggregating the sum 
of $2237.00. 

Sec. 2. That upon said transfer or payment being 
made for the above mentioned bonds, the said bonds shall 
be brought in open council and same shall be burned or 
otherwise destroyed in the presence of the City Council, 
and record of said cancellation be made on the Minutes 
of the Proceedings of the City Council. 

Sec. 3. That said tax of five mills (.005) heretofore 
apportioned to pay the interest and create the necessary 
sinking fund for the redemption of said bonds by an or- 
dinance duly passed and adopted by the City Council on 
the 27th day of October, A. D. 1908, (said ordinance be- 
ing of record, Book 1, pages 489 and 490 of ordinance 
Book of said city) is hereby transferred and added to the 
tax of two cents apportioned to the interest and sinking 
fund of the funding bonds dated December 1st, 1902, mak- 
ing the amount set aside for the funding bonds Number 
2 read two cents and five mills (.025) instead of two cents 
as levied and aside in last mentioned ordinance. 

Passed by the City Council on the 1st day of June, 
1909, and approved by the Mayor the 2nd day of June, 
1909. 

Whereas, at an election held for the purpose on the 
28th day of September, A. D. 1909, a majority of the qual- 
ified voters, who are property tax payers of the City of 
Beaumont, Jefferson County, Texas, voting at said elec- 
tion, sustained the proposition to issue the bonds herein- 
after described by a vote of one hundred and sixty-four 


629 


CITY OF BEAUMONT. 

for the issuance of said bonds to a vote of thirteen against 
the issuance of said bonds, therefore, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

Sec. 1. That there shall be issued by the City of 
Beaumont, Texas, the bonds of said city, to be called 
“School House Building and Repair Bonds” for the pur- 
pose of borrowing money upon the credit of this city, 
such money to be used in the construction of public schools 
within the City of Beaumont, and repairs on Public 
Schools within the City of Beaumont. 

Sec. 2. That said bonds shall be numbered consecu- 
tively from one (1) to one hundred (100) inclusive, and 
shall be of the denomination of one thousand ($1000.00) 
dollars each, aggregating the sum of one hundred thou- 
sand ($100,000.00) dollars and shall be payable in lawful 
money of the United States of America. 

Sec. 3. Said bonds shall be dated the first day of 
December, A. D. 1909, and shall become due and payable 
forty years from date, but the right is expressly reserved 
by the City of Beaumont to redeem said bonds or any 
number thereof, at any time after twenty years from their 
date. 

Sec. 4. Said bonds shall bear interest from their date, 
at the rate of five per cent per annum, the interest pay- 
able semi-annually, on the first day of June, and the first 
day of December of each year, according to the tenor of 
the interest coupons thereto attached. 

Sec. 5. Principal and interest on said bonds shall be 
payable on presentation and surrender of bond or proper 
coupon at office of the City Treasurer of the City of Beau- 
mont, or at the Hanover National Bank of New York, at 
the option of the holder. 

Sec. 6. Said bonds shall be signed by the Mayor, 
countersigned by the City Secretary and registered by the 
City Treasurer, and the seal of the City shall be impressed 
upon each one of them. 


630 


CHARTER AND ORDINANCES. 


Sec. 7. The fac-simile signature of the Mayor and 
City Secretary shall be lithographed on the coupons. 

Sec. 8. It is further ordained by the City Council 
that to pay the interest on said bonds, and to create a 
sinking fund sufficient to discharge them at maturity, a 
tax of six and fifteen one-hundredths cents (.0615) on 
each one hundred dollars valuation of all taxable property 
in said City of Beaumont shall be levied annually on said 
property and annually assessed and collected until said 
bonds and interest are paid; and said tax of six and fif- 
teen one-hundredths cents (.0615) on the one hundred 
dollars, out of a tax of fifty-two cents on each one hun- 
dred dollars property valuation levied to create the in- 
terest and sinking fund to pay the outstanding indebted- 
ness of this city by the council on the 4th day of May, A. 
D. 1909, (the ordinance making the levy being of record 
on pages 30 and 31, Volume 2, of the Ordinance Minutes 
„ of this council) is hereby appropriated and set aside to 
pay the interest and create the sinking fund necessary 
for the current year, and shall be so assessed and collected 
and so applied, and said tax or so much thereof, as may 
be necessary, is hereby levied for each year hereafter, 
while said' bonds, or any number thereof, are outstanding, 
and the same shall be annually assessed and collected and 
applied for the purpose named. 

Sec. 9. It is further ordained that the Mayor be au- 
thorized and he is hereby directed to have prepared the 
one hundred (100) bonds of the City of Beaumont, of de- 
nomination of one thousand ($1000.00) dollars each, as 
above described, and that said Mayor be authorized to 
take and have charge of said bonds, pending their inves- 
tigation by the Attorney General of the State of Texas, 
and upon their approval and registration, he shall proceed 
to sell them at not less than their face value at public or 
private sale, and the proceeds of such sale shall be de- 
posited with the City Treasurer of the City of Beaumont ; 
and it is hereby made the duty of the Mayor to provide 
that said bonds shall be delivered to the purchaser in the 
City of Beaumont, and the payment for same shall be 
made in the City of Beaumont. 


CITY OF BEAUMONT. 


631 


Sec. 10. This ordinance shall take effect and be in 
full force from and after its passage, lawful publication, 
and approval by the Mayor. 

Passed and approved on the 20th day of October, A. 
D. 1909. 






- 























APPENDIX 



















. 







APPENDIX 


AN ORDINANCE. 

Providing for the levy, assessing and collecting of 
taxes for the year 1911, for the purpose of providing a 
sinking fund to meet the payment of the outstanding 
bonded indebtedness of the City of Beaumont, and to pay 
the accruing interest thereon; to provide for the support 
of the Public Schools of the city; to repair and improve 
the streets, alleys, and public squares, to meet the current 
expenses of the City of Beaumont, to provide for the 
purchasing, construction, maintaining, operating and own- 
ing of public parks, to tax occupations and callings made 
taxable by law; to collect a poll tax on all able bodied 
male citizens over 21 and under 60 years of age. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

SECTION I. 

That there is hereby levied and shall be assessed and 
collected for the year 1911 the following taxes on all pro- 
perty situated within the corporate limits of the City of 
Beaumont, Texas, made taxable by law, to-wit: 

For the purpose of paying General Current Expenses 
of the City Government and for General purposes, forty 
(40) cents on each «ne hundred ($100.00) dollars valu- 
ation. 

For the support and maintenance of the Public Free 
Schools, twenty-five (25) cents on each one hundred 
($100.00) dollars valuation. 

For the purpose of repairing and maintaining the 
streets, alleys, public squares and bridges of the City, 
thirty (30) cents on each one hundred ($100.00) dollars 
valuation. 

For the purpose of paying the accruing interest, and 
to provide a sinking fund for the payment of the outstand- 
ing indebtedness of the city, fifty-two (52) cents on each 
one hundred ($100.00) dollars valuation. 


CITY OF BEAUMONT. 


635 


For the purchasing, construction, maintenance, and 
operation of public parks, either inside or outside of the 
City of Beaumont, three (3) cents on each one hundred 
($100.00) dollars valuation. 

SECTION II. 

That there is hereby levied and shall be collected 
on all occupations and callings on which an Occupation 
Tax is levied by the State of Texas, a sum equal to one- 
lialf the amount so levied by the State of Texas on each 
respective occupation or calling. 

SECTION m. 

That there is hereby levied and shall be collected 
a poll tax of one ($1.00) dollar from each and every able 
bodied male citizen of this city between the ages of 21 
and 60 years, excepting and exempting herefrom those 
who may be exempt from the payment of such tax by the 
Constitution and Laws of the State of Texas. 

SECTION IV. 

This ordinance shall take effect and be in full force 
from and after its passage, its approval by the Mayor 
and publication. 

Passed this the 2nd day of May, A. D. 1911, approved 
this the 2nd day of May, A. D. 1911. 

AN ORDINANCE. 

Entitled an ordinance amending Chapter 30, Article 
384, Section 2, Revised Code of Ordinances of the City of 
Beaumont. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

SECTION I. 

That Chapter 30, Article 384, Section 2, Revised Code 


m 


CHARTER AND ORDINANCES. 


of Ordinances of the City of Beaumont be amended so that 
it shall hereafter read as follows: 

Article 384. 

Sec. 2. As soon as practicable after the first day 
of June of each year said Board of Appraisement shall 
meet in the Council Chamber of the City Hall, and the 
City Tax Assessor and Collector shall deliver to them the 
tax sheets prepared by him, and they shall proceed in 
the discharge of their duties in the manner provided by 
the Charter of the City of Beaumont, and said board shall 
receive the sum of $5.00 for each day they shall be en- 
gaged in their labors, which sum shall’ not be paid until 
the completion of their worx. 

SECTION II. 

This ordinance shall go into effect and be in full 
force and effect from and after its passage, approval by 
the Mayor and lawful publication. 

Passed this the 6th day of June, A. D. 1911, approved 
this the 6th day of June, A. D. 1911. 

AN ORDINANCE. 

Entitled an ordinance amending Articles 880, 881, 
882, 883, 884, 885, 886 and 887, Chapter 40 of the Revised 
Code of Ordinances of the City of Beaumont. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

SECTION I. 

That Articles 880 to 887, inclusive, of the Revised 
Code of Ordinances of the City of Beaumont are hereby 
amended so they shall hereafter read as follows: 

Article 880. It shall be unlawful for the owner or 
keepers of any dog or bitch to permit the same to run 
at large in any street, alley or public highway or public 
grounds in the City of Beaumont, unless said dog or 
bitch shall have been licensed, and wear a tag as pro- 
vided in Article 882. 


CITY OF BEAUMONT. 


637 


Article 881. It shall also be unlawful under any 
consideration for the owner or keeper of any vicious dog 
or bitch or proud bitch to allow it to run at large in the 
streets, alleys, highways and public places. 

It shall also be unlawful for the owner of any bull 
dog or bull bitch to allow it to run at large in the streets, 
alleys, highways and public places, unless same is muz- 
zled in such a manner as to prevent it from biting any- 
one. 

Article 882. The Chief of Police shall provide and 
keep a book of blank licenses, numbered in consecutive 
order, to be issued to persons who demand same, which 
license shall state the name and residence of the person 
to whom it is issued, the date of issuance, a description 
of the dog or bitch licensed, the place where usually 
kept, and the amount of license fee paid therefor. A 
memorandum of such license shall be kept on the mar- 
ginal stub in such book. The Chief of Police shall also 
provide and issue with each license a metallic tag, to be 
attached to the dog or bitch licensed, bearing a number 
corresponding to the license, and also the year for which 
it is issued. The license fee to be collected by the Chief 
of Police shall be $2.00 for each male dog or spayed 
bitch and $5.00 for each bitch. Provided, however, that 
no license shall be issued for a spayed bitch for $2.00 
unless the applicant shall furnish the Chief of Police a 
certificate from a veterinarian that the said bitch has 
been spayed by him. 

Licenses issued hereunder shall be in force one year, 
6aid year to run from June 1st, to June 1st, thereafter, 
beginning with June 1st, 1911. Provided, that in case 
the possessor of any license and tag wishes to use said 
tag on any other dog or bitch not as described in the li- 
cense as above provided, he may do so if he previously 
gives written notice to the Chief of Police of same and 
a description of the dog or bitch which he intends to 
place the tag on. Provided further, any owner or keeper 
of a dog or bitch may on filing an affidavit with the Chief 
of Police, that the tag furnished him at the time he se- 


63$ 


CHARTER AND ORDINANCES. 


cured his license has been lost and he does not know 
where same is, be entitled to receive another tag upon the 
payment of a fee of. $.50, provided, that any person who 
shall use a tag on any dog or bitch without securing same 
from the Chief of Police shall be guilty of a misdemeanor, 
and be fined in any sum as provided in Article 887. 

Article 883. The Chief of Police shall designate one 
or more policemen, whose duty it shall be, with such as- 
sistance as may be provided, to capture, take charge of 
and place in the public dog pound — to be selected by the 
Mayor and Chief of Police — all dogs and bitches found 
running at large in any street, alley or other highway 
and public grounds, unless said dog or bitch shall have 
been licensed and also wear a tag as described in Article 
882 of the Revised Code of Ordinances of the City of 
Beaumont. In case the owner or keeper of any dog or 
bitch should fail within 24 hours to redeem such dog 
or bitch, the Chief of Police shall advertise such animal 
for sale by posting three notices of said sale, one of which 
shall be placed at the Court House, one at the Police Sta- 
tion and one at the United States Post Office. Said sale 
to be held not earlier than 48 hours after posting of said 
notice. The notice shall give a good description of the 
dog or bitch, and the time and place of sale; and, unless 
said dog or bitch is redeemed before the time set for 
said sale, the dog or bitch shall be sold to the highest 
bidder. Provided, if no sale can be made of the dog or 
bitch, the Chief of Police shall have same killed. 

Article 884. If within a period of three days after 
the capture of any dog or bitch the owner or keeper of 
same may wish to redeem it, he can do so by paying to 
the Chief of Police the sum of $2.00 as a penalty, and if 
said dog or bitch has not been licensed as required in 
Article 882, the said owner or keeper shall also be re- 
quired to secure a license for said animal. Provided, that 
if the said dog or bitch captured shall have been licensed, 
then the Chief of Police shall collect from the owner or 
keeper of the dog or bitch captured the sum of 50 cents 
as a penalty, but if the owner or keeper makes an affi- 
davit that said tag is lost and he does not know where 


CITY OF BEAUMONT. 


639 


it is the Chief of Police shall issue him a new one as pro- 
vided in Article 882, and he shall not he liable for the 
50 cents penalty as above provided in this article. 

Article 885. All monies collected by the Chief of 
Police under this ordinance shall he paid over to the 
City Treasurer in the manner designated by the City 
Council. 

Article 886. The excess of all monies derived from 
the sale of any dog or hitch shall be placed by the City 
Treasurer in a separate and distinct account and if within 
a period of 12 months after the sale as provided in Ar- 
ticle 883, the owner or keeper can satisfactorily prove 
to the City Council that said dog or bitch was his, the Ci- 
ty Council shall order the City Secretary to draw war- 
rant on said fund for such excess. And in case no person 
shall establish a claim within 12 months after any sale tlie 
said excess shall he and become the property of the city. 

Article 887. Any person who shall violate any of the 
preceding articles of this chapter relative to dogs and 
hitches shall he fined in. any sum not less than $5.00 nor 
more than $50.00. 

SECTION II. 

This ordinance shall take effect and he in full force 
and effect from and after its passage, approval by the 
Mayor and lawful publication. 

Passed this the 19th day of May, A. D. 1911, ap- 
proved this the 19th day of May, A. D. 1911. 

AN ORDINANCE. 

Granting to the Texarkana & Ft. Smith Railway 
Company, its successors and assigns, for a period of fif- 
teen (15) years the right and privileges to construct and 
lay a track and operate its trains and cars thereon across 
Burt Street, and over and along Finis Street from and 
across Carroll Street to Leonard Street in the City of 
Beaumont and prescribing the conditions thereof. 


640 


CHARTER AND ORDINANCES. 


BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

SECTION I. 

That the Texarkana & Ft. Smith Railway Company 
be and it is hereby granted the privilege to construct and 
maintain at its own expense a single, standard gauge 
railroad track across Burt Street, over and along Finis 
Street from and across Carroll Street to east side of 
Leonard Street in the City of Beaumont, and it is also 
authorized to construct a switch track con- 
necting with said track above authorized, 
point of which switch to be not greater than 
twenty-five (25) feet west of Wallace Street on Finis 
Street and across Wallace Street to the property owned 
by the Beaumont Column Factory. It being understood 
and agreed that the track and' siding is laid as an indus- 
trial track for the purpose of reaching commercial and 
industrial enterprises located along the right of way on 
which said track is authorized to be laid. 

SECTION II. 

The grantee, its successors and assigns, shall have 
the right to operate trains, engines and cars over said 
track and siding when done so to further the interests 
for which this grant is given as stated in the latter por- 
tion of Section 1 hereof. 

SECTION III. 

That the said Railway Company shall be required, 
at its own expense, to construct and maintain suitable 
ditches and culverts for the purpose of properly drain- 
ing said Finis Street, and to construct and maintain good 
and sufficient crossings at the intersections of all cross 
streets, crossed by its said railroad tracks with easy ap- 
proaches thereto, so as to keep said street and crossings 
in such condition as not to unreasonably interfere with 
public travel and traffic thereon. 

SECTION IV. 

That said Railway Company shall be further re- 


CITY OF BEAUMONT. 


641 


quired to construct and maintain said railroad track 
at the same grade or level as the established grade or 
level of said streets, so as not to in anywise obstruct the 
use of same by the public, and shall also within a rea- 
sonable time, not exceeding one year after the construc- 
tion of said railroad track oallast said railroad track 
along said Finis Street between the rails and to a distance 
of two feet on either side thereof with rock, gravel, 
shells, sand, cinders or other suitable material to be de- 
termined by the City Council in such manner that said 
track may be on a level with said street. 

SECTION V. 

The grant herein given is for a single track only; 
said track shall be laid as near the center of the street 
as possible and shall be laid under the direction of the 
City Engineer of the City of Beaumont, and should a 
dispute over said construction arise, the grantee, its suc- 
cessors and assigns, hereby agreee to refrain from do- 
ing said work until the matter of dispute has been ap- 
proved by the Street and Bridge Committee of the City 
of Beaumont; provided, that if said committee shall sus- 
tain the contention of the City Engineer in said matter, 
then the grantee, its successors and assigns, shall have 
the right to submit same to arbitration. The board of 
arbitrators to be composed of one person selected by 
the Street and Bridge Committee, one by the grantee, its 
successors or assigns, and the third by these two and the 
decision of said board shall be final as to both parties. 

SECTION VI. 

The foregoing, rights and privileges are especially 
granted upon the expressed condition that the said gran- 
tee, its successors or assigns, shall within thirty (30) 
days after the passage and approval by the Mayor of this 
franchise, acting through its proper officer, file with the 
City Secretary its written acceptance of this ordinance 
and upon further condition that the track to be construct- 
ed hereunder shall be completed within sixty (60) days 


642 


CHARTER AND ORDINANCES. 


from the passage hereof and upon failure of the grantee, 
its successors or assigns, to file its acceptance as pro- 
vided herein, then this franchise shall be null and void 
and become of no further force nor effect. 

SECTION VII. 

If the grantee, its successors or assigns, shall at any 
time during the life of this franchise discontinue the use 
of the track, for which this franchise is granted, for a per- 
iod of thirty (30) successive days this franchise shall 
then and there terminate and all the rights and privileges 
herein granted shall revert back to the city, and the gran* 
tee, its successors or assigns, shall on notice from the 
City Council, remove its track from the streets, and if 
same is not done within thirty (30) days thereafter, the 
City of Beaumont shall have the right to do said work 
itself and recover of and from the defendant such amount 
as may be expended by the City of Beaumont on said 
work plus ten per cent additional as a penalty, and if 
said amount is not paid within thirty (30) days after 
the completion of same by the city, an additional ten per 
cent shall be added as a penalty, and the total of said 
amount shall draw interest from that date at the rate of 
ten per cent per annum. 

SECTION VIII. 

This ordinance shall go into force and effect from 
and after its passage, approval by the Mayor, the filing of 
the written acceptance, as provided in Section 6 hereof, 
and lawful publication, as provided in the City Charter, 
and shall continue for a period of fifteen (15) years there- 
after. 

Passed this the 2nd day of May, A. D. 1911, approved 
this the 2nd day of May, A. D. 1911. 

AN ORDINANCE. 

Granting to the Beaumont, Sour Lake and Western 
Railway Company, its successors and assigns, for a per- 


643 


CITY OF BEAUMONT. 

iod of fifteen years the rights and privileges to construct 
and lay a track and operate its engines, trains and cars 
thereon across Bibb Avenue to an alley in Block 44 of the 
Van Wormer Addition to the City of Beaumont, between 
Crockett and Bonham Streets, thence up said alley to a 
point where the Gulf and Interstate Railway Company’s 
Hack crosses same, and prescribing the conditions there- 
of. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

SECTION I. 

That the Beaumont, Sour Lake and Western Rail- 
way Company be and it is hereby granted permission to 
construct and maintain, at its own expense, a track, over, 
across and along the following streets, avenues and alleys 
in the City of Beaumont, to-wit: 

Beginning at a point in Block 45 of the Van Wormer 
Addition to the City of Beaumont, thence across Bibb 
Avenue to alley in Block 44 running parallel and between 
Crockett and Bonham Streets, thence up said alley to a 
point where the Gulf and Interstate Railway Company 
crosses same; said track to extend from its point of be- 
ginning in Block 45 of the Van Wormer Addition to the 
City of Beaumont across Bibb Avenue and to a point 
where the Gulf and Interstate Railway Company crosses 
from the southwestern boundary of Block 44 into said 
block. 

It being understood and agreed that the said track 
is laid as an industrial track for the purpose of reach- 
ing commercial and industrial enterprises on said Block 
44 in the Van Wormer Addition to the City of Beaumont, 
Jefferson County, Texas. 

SECTION II. 

The grantee, its successors and assigns shall also 
have the right to operate trains, engines and cars over 
said track when done so to further the interests for which 


644 


CHARTER AND ORDINANCES. 


this grant is given, as stated in the latter portion of Sec- 
tion 1 hereof. 


SECTION III. 

In consideration of the grant of this franchise the 
grantee, its successors and assigns, agrees and obligates 
itself from time to time, as it may be required by the 
City Council, to surface the tracks laid under this fran- 
chise, to grade level with the street with sand, crushed 
rock, shell, brick or other material suitable as the City 
Council may direct, and in the event that at any time 
the city may undertake to construct public sewers under- 
ground intersecting any portion of the track laid here- 
under, the grantee, its successors and assigns agrees and 
obligates itself to pay for so much of said sewers as un- 
derlie said track and the grantee, its successors and as- 
signs, also obligates and agrees to construct, build and 
maintain such ditches and culverts as it may be so di- 
rected by the City Council, and of such material as the 
City Council may direct. 

SECTION IV. 

The grant herein given is for a single track only; 
said track shall be laid as near the center of the street or 
alley as possible and shall be laid under the direction 
of the City Engineer of the City of Beaumont, and should 
a dispute over said construction arise, the grantee, its 
successors and assigns, hereby agree to refrain from do- 
ing said work until the matter in dispute has been ap- 
proved by the Street and Bridge Committee of the *City 
Council of the City of Beaumont; provided, that if said 
committee shall sustain the contention of the City Engi- 
neer in said matter, then the grantee, its successors and 
assigns, shall have the right to submit same to arbitra- 
tion. The board of arbitrators to be composed of one 
person selected by the Street and Bridge Committee, one 
by the grantee, or its successors and assigns, and the 
third by these two and the decision of said board shall 
be final as to both parties. 


645 


CITY OF BEAUMONT. 

SECTION V. 

The foregoing rights and privileges are especially 
granted upon the expressed condition that the said gran- 
tee, its successors or assigns, shall within thirty (30) days 
after the passage and approval by the Mayor of this 
franchise, acting through its proper officer, file with 
the City Secretary its written acceptance of this ordi- 
nance and upon further condition that the track to be 
constructed hereunder shall be completed within sixty 
(60) days from the passage hereof, and upon failure of 
the grantee, its successors or assigns, to file its accep- 
tance as provided herein, then this franchise shall be 
null and void and become of no further force nor effect. 

SECTION VI. 

This ordinance shall go into force and effect from 
and after its passage, approval by the Mayor, the filing 
of the written acceptance as provided in Section 5 and 
lawful publication, as provided in the City Charter, and 
shall continue for a period of fifteen years thereafter. 

Passed this the 7th day of March A. D. 1911, ap- 
proved this the 7th day of March, A. D. 1911. 

AN ORDINANCE 

Granting to I. D. Polk, his heirs, lessees, successors 
and assigns, for a period of fifty years from the date 
upon which the same shall go into effect, the right to 
construct, maintain and operate an interurban and street 
railway system for the carriage of passengers, bag- 
gage, mail, freight and express, in and upon certain 
streets and highways within the present and future in- 
corporated limits of the City of Beaumont, Jefferson 
County, Texas, and prescribing the terms, conditions and 
limitations upon which the said grant is made. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: • 

SECTION I. 

That there is hereby granted to I. D. Polk of the 


646 


CHARTER AND ORDINANCES. 


said city, his heirs and assigns, the right to construct, 
maintain and operate an interurban and street railway 
system for the carriage of passengers, baggage, mail, 
freight and express, in and upon the following streets, 
avenues, highways and ways of the said City of Beau- 
mont, Texas, to-wit: 

On Herring Street from River Neches south (near- 
est and most practical route to Sherman Street). 

On Sherman Street, west to Irving Avenue ; on Hem- 
lock Street south from Sherman Street (nearest and most 
practical route to city limits); from Irving Avenue in a 
southwesterly direction to east end of Flowers Street; 
thence west on Flowers Street to Pennsylvania Avenue. 

Thence north on Pennsylvania Avenue to Langham 
Avenue; thence west on Langham Avenue to Parker 
Street; thence north on Parker Street to Neches Street: 
thence northward on Neches Street to Franklin Street; 
thence eastward on Franklin Street to Main Street; 
thence northward on Main Street to intersection of Fan- 
nin Street; thence west on Fannin Street to Orleans 
Street. 

Also on Orleans Street south from Crockett Street 
to Franklin Street; provided that all portions of the 
above described route have not been dedicated to the 
city as Streets, the grantee shall acquire at his own cost 
and expense. 

Also such of the other streets within the corporate 
limits of the City of Beaumont, as may be designated by 
ordinance of the City Council of the City of Beaumont 
as streets upon which said railway system may be ex- 
tended; also such streets or highways as may be here- 
after included within the corporate limits of the City of 
Beaumont, upon which the grantee or his assigns may be 
operating its railway system at the time of such in- 
clusion. 

This grant on Franklin Street to Pennsylvania Av- 
enue is made subject to the condition that the grantee 
shall, when he constructs his road, pave with shell or 


CITY OF BEAUMONT. 


647 


macadam approved by the City Council from curb to 
curb such streets over such portions of the length there- 
of traversed by their tracks as is now shelled. 

J And this grant is made in the further condition 
that if the city determines that it is advisable that the 
T. & N. 0. R. R. track on Main Street should be moved to 
one side when the grantee's tracks is built on that street, 
the grantee shall assume all cost of removing said T. & 
N. 0. R. R. track and foundations. 

In the event the City of Beaumont is able in its des- 
eretion to secure to the grantee by agreement of the Beau- 
mont Traction Company or otherwise, the right to move 
at the grantee's expense, the present tracks of the Beau- 
mont Traction Company on Milam Street from Park 
Street to Pearl Street to one side, to enable the grantee 
to construct an independent track on Milam Street, by 
the time the grantee has constructed his track from the 
city limits to Franklin Street in accordance with the re- 
quirements of this ordinance, then, and in that event, the 
grantee shall not have the right hereinbefore granted to 
construct his track on Franklin Street from Neches Street 
to Milam Street nor on Main Street from Franklin to 
Milam Street nor on Orleans Street from Franklin to 
Milam Street, but in lieu thereof, the grantee shall con- 
struct, and in that event he is hereby granted the right 
to construct, his track on Neches Street continuing from 
the intersection of Franklin and Neches Street to Milam 
Street and on Milam Street from Neches Street to Main 
Street; but in the event the City of Beaumont does not 
secure to the grantee in the manner aforesaid the right 
grantee’s right to construct his track on Franklin Street 
within the time above limited, then and in that event the 
to move said tracks of the Beaumont Traction Company 
from Neches to Main Street and on Orleans Street from 
Franklin Street to Milam and on Main Street from Frank- 
lin to Milam Street shall remain in full force and effect. 

In the event the grantee constructs his track on 
Milam Street instead of Franklin Street as hereinbefore 
provided, then the grantee shall not be required to shell 
or macadamize Franklin Street. 


648 


CHARTER AND ORDINANCES. 


Sec. 2. The said grantee shall have the right to en- 
ter upon any and all of said streets, avenues and high- 
ways and to construct thereon the railway tracks, side 
tracks, turnouts and switches as may be necessary in op- 
erating its cars and trains, provided that the location in 
the street of all tracks, side tracks, turnouts and switches 
shall be subject to the approval of the City Council, and 
for said purposes may make such excavations and fills 
in said streets, avenues and highways as may be nec- 
essary, provided, that the tracks of said railway upon the 
following named streets, to-wit: 

All streets that are now shelled and paved includ- 
ing such parts of Pennsylvania Avenue and Franklin 
Street as stated in Section 1, shall be originally laid up- 
on a concrete foundation, 12 inches in thickness and ex- 
tending for two feet on each side of the rails, and the 
city shall, when the grantee or his assigns is ready to 
commence the construction of said tracks upon said 
streets, furnish to said grantee the permanent paving 
gi ade of said streets, and permanent grade to which such 
concrete foundations shall be constructed, and such foun- 
dations and grade shall not thereafter for a period of 
ten years be changed by the city, except as hereinafter 
provided. 

Sec. 3. That if at any time the city shall desire to 
change the grade of any street or portion thereof, tra- 
versed by the lines of the grantee, or to improve the same 
by shelling, macadamizing, paving, reshelling, remac- 
adamizing, repaving or repairing, and shall provide for 
such improvement or change of grade by ordinance,, then 
the grantee herein shall pay the cost of such improve- 
ment, or change of grade, between and under the rails 
and tracks of its railroads and turnouts, and for two feet 
on each side thereof, as well as the cost of changing its 
tracks to conform thereto; and when the city is ready 
to proceed with the improvements, repairs or change of 
grade of such streets or portion thereof, the city, through 
its proper representatives may enter into a contract for 
the construction of such improvement, or the making 
of such repairs or change of grade, and charge to the 


CITY OF BEAUMONT. 


649 


grantee herein its proper pro-rata of the contract price 
of same for the whole width of the street as shall be as- 
sessed by the City Council; provided, that the city may 
proceed for the enforcement of the obligation of the gran- 
tee to make such improvement, repairs or change of 
grade, as provided in the general laws of the State of 
Texas by Act of May 10, 1909, or as provided in the Char- 
ter of the City of Beaumont, but in each case the obliga- 
tion of the grantee to make and to pay for its pro-rata 
of such improvement shall constitute a first lien as here- 
inafter provided. 

Provided further, that whenever the grantee shall 
build, or the city shall build, for the grantee and the 
grantee pay for any concrete foundations under the 
tracks, the City Engineer, acting under direction of the 
City Council shall be required to establish a permanent 
paving grade for such concreting and track construction, 
and the track shall be constructed to said grade under the 
supervision of the City Engineer, or such other agent 
as the City Council may direct, and should the city de- 
termine to change the grade of any such concrete con- 
struction on grades hereafter established, within the per- 
iod of ten years from the date of requirement of such 
construction, it, the city, shall be required to bear a por- 
tion of the expense of reconstruction caused by such 
change of grade, that is to say, the proportion of recon- 
struction expense in such case to be paid by the city shall 
be as follows, to-wit: 

If the change of grade and construction is required 
within the first year after the original concrete con- 
struction is required, all of the expense thereof; if within 
the second year after requiring the original concrete 
construction, ninety per cent of total cost of change, and 
ten per cent less for the lapse of each additional year, 
but after the lapse of ten years from the date of require- 
ment of original concrete construction the city shall bear 
none of the expenses caused by such changes of grade. 

Sec. 4. The tracks to be laid upon all the streets 
herein enumerated shall be laid with rail as hereinafter 


650 


CHARTER AND ORDINANCES. 


described, and shall be so constructed as to insure the 
safe, comfortable and convenient passage of the cars 
thereover, and all construction work by the grantee, his 
lessees, successors and assigns, shall be constructed to 
.grade to be furnished by the City Council, and shall be 
subject to supervision of the City Engineer; and at such 
times as public necessity or convenience shall require 
the same, the City Council may require a change of grade 
and require the grantee, his lessees, successors or assigns, 
that any of his said tracks on the streets of the City of 
Beaumont be laid upon a concrete foundation of the char- 
acter above indicated; but the City Engineer shall have 
no authority to waive any requirements imposed upon 
the grantee either by this franchise or any other law, 
and it is hereby made the duty of the City Engineer to su- 
pervise all construction and repair work 0L3II street car 
lines of the grantee involving any interferance, whether 
temporary or permanent, with the grades and levels of 
the streets of the city, and to require them to be promptly 
restored to as good condition as they were in before such 
construction or repair work; provided, that the grade 
of the streets upon which the grantee is required to lay 
its tracks upon concrete foundations as provided in Sec- 
tion 3 hereof, shall not be changed except as provided in 
said section. 

Sec. 5. It the said grantee shall at any time after 
constructing any concrete foundations, voluntarily change 
the concrete foundations of any of its tracks, the city 
shall have the right to change the grade of said streets 
and of said foundations, and require of the grantee the 
payment of its pro-rata part of the cost of changing the 
grade as hereinbefore provided, and all cost of the change 
in the concrete foundations of its tracks. 

Sec. 6. The said grantee, his heirs or assigns, shall 
have the right to construct, maintain and operate all nec- 
essary and convenient structures and power houses in 
the City of Beaumont, but not in the streets thereof, and 
in the streets aforesaid all fixtures, appliances and ap- 
purtenances needful in the construction, maintenance 
and operations of said railway, including the right to 


CITY OF BEAUMONT. 


651 


construct a system of overhead wires for the purpose of 
conducting electric currents to operate motors, to pro- 
pel cars, and for the purpose of conducting such electric 
currents and power from the power plants and generat- 
ing stations of said railway over said system of over- 
head wires, and may use the rails, or any other improved 
method for return circuit for such purposes, provided 
that the earth shrill not be used for return circuit, and 
the grantee, his heirs or assigns, shall also have the 
right to erect poles along and upon the sidewalks of the 
streets above mentioned, to carry overhead wires and 
whatever may be necessary, requisite and convenient to 
conduct the power from the generating stations of said 
railway, provided said overhead fixtures, poles, and 
wires shall be so constructed as not to endanger the pub- 
lic, and shall at all times be maintained with proper 
safeguards and in good condition and repair; provided, 
all poles constructed upon the sidewalks shall be con- 
structed near the outer edge thereof, and within the curb 
line, and in such manner as to obstruct as little as prac- 
ticable the free and convenient use of the sidewalks by 
the public; said poles to be not less than 100 feet apart, 
and to be straight, shapely, of uniform size, and thor- 
oughly painted of such color as the City Council may di- 
rect; all poles, overhead wires and fixtures to be first 
class in every respect, fitted with proper safeguards, and 
to be at all times kept in good repair, and replaced and 
renewed when needed; provided, that the location of all 
poles placed as aforesaid shall be placed under the su- 
pervision of the City Engineer. 

That the rights and privileges in the streets, granted 
by this section, shall apply on such portions of the streets 
of the City of Beaumont as said grantee is hereby au- 
thorized to use, or shall hereafter be authorized to op- 
erate its railway upon; and the said grantee is authorized 
to construct and maintain feed wires upon its poles, along 
its lines of railway operated by it ; but no feed wires, ex- 
cept on those streets which the grantee shall operate 
its lines of railway upon, shall be erected without the per- 
mission of the City Council of the City of Beaumont, and 


652 


CHARTER AND ORDINANCES. 


all such feed wires shall be thoroughly insulated and shall 
he constructed and maintained in good order and con- 
dition. 

Sec. 7. That the grantee shall use this grant in such 
manner and maintain its lines of road, and operate its 
cars so as not to unnecessarily injure the said streets nor 
to interfere with the use of the same by the public; and 
in doing construction or repair work on its tracks, the 
grantee shall perform same in such manner as shall not 
unnecessarily interfere with the use of the street by the 
public; provided, the cars operated upon the tracks to 
be constructed under this ordinance shall have the right 
of w r ay over said tracks on said streets; and any injury 
to the streets in connection with its construction or re- 
pair work, the grantee shall repair at its cost. The gran- 
tee shall at all times keep that portion of the street and 
its foundation between its rails, tracks, sidings and turn- 
outs, and for two feet on each side thereof, in good con- 
dition and repair; and shall keep the top of its rails on a 
level with the street ; and construct and maintain in good 
condition and repair a good and sufficient wagon cros- 
sing from street line to over and across its tracks, and 
shall construct and maintain over its tracks and for two 
feet on each side thereof in good condition and repair, 
a good and sufficient foot crossing on each side of the 
street at the intersection of all streets, in such manner as 
it may be directed to do from time to time by the City 
Council of the City of Beaumont or other governing bo- 
dy of said City of Beaumont; and shall pay to the City 
of Beaumont one-half the cost of all culverts from curb- 
ing to curbing, which the city may construct or cause to 
be constructed under its tracks, and shall also pay to 
the city one-half of the cost of maintenance thereof; pro- 
vided, that nothing in this section contained shall be con- 
strued as affecting any legal right which the City may 
have to compel the grantee to pay a larger portion of the 
cost of construction and maintenance of culverts than 
that above provided. 

Sec. 8. For the purpose of making repairs or im- 
provements, the city, through its Mayor, may at any time 


CITY OF BEAUMONT. 


653 


require suspension of operation of cars over any portion 
of said streets, until same may be safely resumed with- 
out probability of injury to said improvements. 

Sec. 9. The grantee shall use modern, improved rails 
of not less than 70 pounds to the yard, in the construction 
of the line of railway; provided, the City Council reserves 
the right to determine the kind and weight of rail to be 
used on all paved, shelled or macadamized streets, and 
upon such streets as may be hereafter paved, shelled or 
macadamized. 

In case the rails are joined by any other form than 
a case welded or electrically welded joint, there shall be 
used some good and approved bonding system which will 
connect the ends of the rails in such manner that the con- 
ductivity of the joints shall be such as to render them ca- 
pable of preventing, in so far as practicable, any ten- 
dency for the current to shunt at that joint, and as nearly 
equivalent to the carrying capacity of the rails as nec- 
essary for that purpose. The rails of each single track, 
and the inside rails of the double track of all tracks shall 
be connected by sufficient cross bonds spaced not more 
than one thousand feet apart, and properly secured to the 
rails in such manner as to secure proper conductivitv. 
The grantee shall use the most approved method of bond- 
ing, and returning current to their plant so as to prevent 
damage from electrolysis as effectually as practicable. 

And the City Council or other governing body of the 
City of Beaumont shall have the right to make, or cause 
to be made, at any time an electrical survey to determine 
whether or not the rails are bonded so as to prevent dam- 
age from electrolysis as effectually as practicable. 

Sec. 10. The grantee, its successors, lessees or as- 
signs hereunder shall provide, keep, maintain and oper- 
ate a sufficient number of first class cars of modern de- 
sign, with vestibules or otherwise enclosed so as to pro- 
tect the operator of said cars, for the comfortable and 
safe transportation of passengers, and all cars shall be 
equipped with modern brakes and safety appliances, pro- 


654 


CHARTER AND ORDINANCES. 


vided that all passenger cars shall be not less than double 
truck. 

The grantee shall also procure and keep in good 
condition and repair a sufficient number of water sprink- 
ling cars with which to sprinkle such streets enumerated 
herein as are now, or may be hereafter paved, macadam- 
ized or shelled, and at such times, not exceeding twice 
daily, as may be required by the City Council, shall 
sprinkle with water the paved, shelled or macadamized 
streets by the operation of the said water sprinkling car 
or cars over its said track. 

Sec. 11. The grantee shall illuminate the streets on 
which the railway to be constructed hereunder is oper- 
ated, at such points and places thereon as shall be desig- 
nated by the City Council of said city, whenever the said 
City Council shall, by resolution require said illumina- 
tion. 

The lights therefor shall not be of less candle power 
than the arc lights in use by the said city, for general 
street lights. 

Section 12. That the grantee is granted the con- 
sent, permission and authority to use the tracks on the 
streets over which this franchise extends for hauling 
passengers, freight, express, baggage and mail, subject 
to all tlie provisions, requirements and limitations in this 
ordinance; provided, that no freight train or freight car 
shall be permitted to run on Orleans Street; all cars shall 
be equipped with suitable air brakes; no cars will be 
permitted at any time to stop upon any street crossing 
nor to stop at street crossings for a greater length of 
time than five minutes, and the time which any cars shall 
be permitted to stand on streets, may be regulated from 
time to time by the City Council. All freight cars shall 
be strictly interurban cars, and not regular railroad 
freight cars. 

The carrying of mail, express, baggage and freight 
must not in any manner hinder or delay passage of cars. 

The grantee shall establish at some convenient place 
or places along said lines, such baggage, mail, express 


CITY OF BEAUMONT. 


655 


and freight stations as shall he reasonably necessary for 
the accomodation of its baggage, mail, express and freight 
business, the location to he approved by the City 
Council; but all points upon the line of said railway, up- 
on said streets, other than where stations are built, at 
which baggage, express, mail or freight are to be loaded 
and unloaded shall be subject to the approval of the City 
Council from time to time. 

Sec. 13. The grantee, his heirs, successors or as- 
signs, shall have the right to operate over the street above 
defined as interurban railway system between the cities 
of Beaumont and Port Arthur and elsewhere, and also 
the right to operate over said streets a local railway sys- 
tem and surburban system, as distinguished from an 
interurban system, proper, provided, that if the said 
grantee, his heirs, successors or assigns, shall operate a 
local or surburban system, or both local and surburban 
system upon said streets, avenues and highways or any 
of them, they shall provide and equip said road with a 
sufficient number of modern, first class passenger cars 
not less than double truck, with vestibules or otherwise 
enclosed so as to protect the operator of said cars; equip- 
ed with modern brakes and safety appliances, to accomo- 
date all such passenger business as may be tributary to 
their said line, and shall fix and maintain adequate sche- 
dules for said purposes, and the City Council reserves the 
right, from time to time, to change the schedules to be 
fixed by the railway -company in the operation of said 
local and surburban service, upon giving notice to the 
said railway company of its intention and purpose to do 
so, and upon giving to the said grantee, his heirs, suc- 
cessors or assigns, an opportunity to be heard upon the 
schedules to be thus fixed, and if the said City Council 
and the said grantee, his heirs, successors or assigns, 
shall be unable to agree upon the schedule required to 
be maintained, then the same shall be fixed by arbitra- 
tion, the said City Council having the right to appoint 
one arbitrator, and the said grantee one arbitrator, and 
if the arbitrators thus appointed cannot agree upon a 
schedule, then they shall have the right to appoint a 


656 


CHARTER AND ORDINANCES. 


third arbitrator; the conclusion of any two of said ar- 
bitrators as to the schedule to be maintained shall be 
binding. 

It is not intended by this section to limit the right 
of the grantee, his heirs, successors or assigns, to conduct 
a local passenger business incident to and connected with 
the operation of its interurban cars, as distinguished 
from a local or suburban business proper, provided, that 
the fares to be charged to any passenger carried upon 
interurban cars between points within the city, shall 
be as in this ordinance fixed. 

Sec. 14. The said grantee, his heirs and assigns, 
shall have the right to operate over said railway, cars 
and equipment used by them in the construction, main- 
tenance and operation of any suburban or interurban 
railway, owned or controlled by them, and to connect 
said system of railway at the present or future city lim- 
its with the tracks of such interurban or suberban line, 
or may construct and operate the railway within the city 
limits above defined in connection with such suburban 
or interurban line as one and the same system, or may 
enter into any agreement or contract with any person, 
company or corporation operating an interurban or su- 
burban road for the joint or exclusive use of the system 
of street railway within the city limits constructed and 
operated under this grant. 

Said grantee, his heirs and assigns, may also enter 
Into contracts or agreements with any other person 
or corporation operating a system of street railway with- 
in the city limits of the City of Beaumont, for the opera- 
tion of their respective cars over the lines of each, upon 
such division of earnings or upon trackage charge and 
wheel basis to be agreed upon, provided, that the fares 
to be charged for the transportation of passengers shall 
be as hereinafter set forth, all such contracts or agree- 
ments to be subject to the approval of the City Council. 

Sec. 15. The said grantee, his heirs or assigns, shall 
have the right to construct, maintain and operate under 
this ordinance, an electric system, or may operate its 
cars with gas or gasoline, denatured alcohol or naphtha 


CITY OF BEAUMONT. 


657 


motor power, or any other power in use by street or in- 
terurban railways proper, as distinguished from a gen- 
eral railroad, and when operated as or in conjunction 
with suburban or interburban business, may transport 
passengers, baggage, express and other property; pro- 
vided, that no steam railroad shall be operated over said 
track, and provided further that charges for transporta- 
tion of freight shall be subject to control of the Rail- 
road Commission of Texas. 

Sec. 16. The grantee shall maintain standard gauge 
lines, and in all construction, unless otherwise provided, 
herein or by ordinance or resolution, shall keep its tracks 
midway of the streets and when a double track or switch 
is permitted, shall lay its double tracks and switches on 
each side of the middle of the streets, covering no greater 
part of the street than is reasonably necessary for safe 
passage of cars; and it shall only have the right to lay 
double tracks on such portions of the streets covered by 
this franchise as it shall hereafter obtain special per- 
mission for from the City Council, and the location of all 
switches and turnouts shall be subject to the approval 
of the City Council. On Main Street the railway shall 
be constructed upon such portion of the street as may 
be approved by the City Council. 

The grantee shall, whenever required to do so by 
the City Council of the City of Beaumont, move or per- 
mit to be moved any of its tracks in or near the center of 
a street or streets nearer to one side of such street or 
streets, to enable the city or the holder of a franchise 
from the City of Beaumont to construct and additional 
track upon such street or streets, provided the grantee 
shall not be required to bear any part of the expense of 
such moving of his tracks, and provided the street is of 
sufficient width to permit such moving. 

Sec. 17. The grantee shall not operate or run its 
cars without the consent of the City Council within the 
business portion of the city, at a greater rate of speed 
than ten miles per hour, nor shall they operate their said 
cars in any other portion of the city without the consent 


658 


CHARTER AND ORDINANCES. 


of said City Council, at a greater rate of speed than 15 
miles per hour. 

Sec. 18. The grantee herein may charge, and is au- 
thorized to collect a fare of five cents for each single trip 
for each passenger within the city limits. 

School children shall be carried on their way to and 
from school at two and one-half cents for each trip, within 
the city limits, and such tickets to be good only between 
the hours of 7 A. M. and 6 P. M. Children under five years 
under five years of age, when accompanied by a nurse or 
parent, or by a person paying a fare, shall be carried free 
of charge; and City Police officers and firemen shall be 
carried free of charge within the city limits, passes to be 
issued to them at the request of the Mayor, so long as 
free passage is not forbidden by law. 

The City of Beaumont hereby reserves the right 
to require of the grantee herein, when the line of railway 
constructed hereunder is operated either as a local or 
suburban system, or both local and suburban system, as 
contra-distinguished from an interurban system, to pro- 
vide for interchangeable transfers with any and all lines 
of street railway or interurban railways which shall be 
mutually accepted; provided, that no such requirement 
will ever be made by the City Council unless at the same 
time reasonable provisions shall be made by the City 
Council governing the division of fares for such con- 
nected service; and provided further, that the city will 
only exercise this power when reasonably necessary for 
the public interest or convenience. 

Sec. 19. Whenever the railway to be constructed and 
operated under this franchise shall be put into operation, 
the same or any part thereof shall not be abandoned ex- 
cept upon the consent of the City Council, and in case per- 
mission of the City Council is secured for such abandon- 
ment, then the grantee shall, within sixty days after such 
ordinance or resolution is adopted to that effect, remove 
its tracks from said streets and put such streets in re- 
pair. 

Sec. 20. In granting this franchise, it is not in- 


CITY OF BEAUMONT. 


659 


tended to waive or surrender any powers which the City 
Council has by general or special law over the grantee in 
the exercise of its general police powers as a municipal 
governing body; nor to waive any obligation which the 
said grantee may be under to the public as a public ser- 
vice corporation, and the specification herein made of 
matters and things to be done by the grantee, shall not 
in any case be construed as an exclusion of their public- 
duties; but the grantee shall be, and is hereby required 
to comply with all the obligations laid upon street and 
interurban railways by the Charter of the City of Beau- 
mont, and by the General Laws of the State of Texas, and 
by all ordinances that may hereafter be passed by the 
City Council in the exercise of their duty and lawful po- 
lice powers, and in pursuance of the provisions of the 
City Charter, and the provisions hereof shall not only 
apply to those portions of the grantee’s lines herein des- 
ignated in the city limits, but to additional portions Here- 
after included in the city limits from time of such inclu- 
sions. 

Sec. 21. That in any case where it is herein provided 
that the grantee shall perform any act and it shall fail 
to do so upon reasonable notice from the Mayor of the 
City of Beaumont, of a requirement by the City Council 
that it should do such act, the city shall have the right 
in addition to all other rights and remedies herein pro- 
vided, to do or order the same to be done by, and at the 
cost of the city, and the cost thereof, with six per cent 
interest per annum shall be paid to the city by the gran- 
tee herein, on demand by the City for the payment there- 
of ; and in the event of failure to make payment thereof to 
the city within thirty days after demand, said indebted- 
ness shall bear interest until paid at the rate of ten per 
cent per annum instead of six per cent, and the city shall 
be entitled after demand to at once sue for and recover 
judgment against said grantee for the full amount of 
said indebtedness and interest, and in addition thereto, 
a penalty amounting to ten per cent of such principal and 
interest, and all cost of suit. 

Sec. 22. This grant shall exist for a term of fifty 
years from the date upon which this ordinance shall go 


660 


CHARTER AND ORDINANCES. 


into effect, subject to the provisions for forfeiture con- 
tained in this franchise; and shall inure to the benefit 
of the grantee, his heirs, executors, administrators, suc- 
cessors and assigns. 

Sec. 23. This franchise shall stand terminated at 
the end of the term limited by Section 22 of this Ordi- 
nance unless it shall be terminated sooner by default of 
said grantee, its successors ar assigns, as provided 5n 
other sections of this ordinance, or by default of said 
grantee, his successors or assigns, under the provisions 
of this section as ascertained by a judgment of a court 
of competent jurisdiction in a suit to which said City of 
Beaumont and said grantee, his successors or assigns are 
parties, and in which the forfeiture of this franchise is 
sought. 

This franchise and all amendments thereto under 
which the grantee, his successors or assigns, may here- 
after be operating its lines of railway in the City of Beau- 
mont may be forfeited and so adjudged by decree in a 
proper proceeding in a court of competent jurisdiction, 
for the following causes, in addition to all other causes in 
this ordinance provided, to-wit: 

First. Persistent or repeated failure on the part of 
the grantee, his successors or assigns or their agents, 
amounting to wilfulness or negligence, to maintain any 
schedule for local service, or schedules which the City 
Council may hereeafter establish or which may be es- 
tablished by arbitration pursuant to the provisions of 
Section 13 of this ordinance; provided, however, a temp- 
orary failure to maintain such schedules on account of new 
construction or reconstruction work on its tracks or foun- 
dations thereof, or on account of paving work being done 
by the city, or on account of strikes reasonably unavoidable 
failure of power, accidents or other causes beyond the 
control of said grantee, shall not be a cause for for- 
feiture of this franchise. 

Second. Any fraud or intentional deception or con- 
cealment practised by the grantee or its agents in making 
up and presenting to the city its reports provided for 


CITY OF BEAUMONT. 


661 


in Section 25 of this ordinance, shall be a ground for for- 
feiture of this franchise and all amendments, thereof. 

Third. The grantee herein shall observe faithfully 
all the obligations herein assumed by it in accepting this 
franchise and persistent or continued violation by it of 
any of the provisions of this ordinance after reasonable 
notice to remedy or desist therefrom, shall be a ground 
for forfeiture of this franchise, and all amendments there- 
of, and all rights and privileges of the grantee thereunder, 
regardless of any other remedy provided herein or au- 
thorized in law or equity. 

Sec. 24. That every duty, obligation and restric- 
tion herein imposed upon the grantee, shall be deemed 
to have been assumed by and apply to and be binding up- 
on any person, firm or corporation succeeding to said 
grantee in the operation of said railway lines; and all 
rights, claims, liens, remedies, penalties, fines and for- 
feitures herein provided in favor of the City of Beau- 
mont against the grantee, shall also exist in favor of 
said city against any successor, receiver or assign of said 
grantee. 

Sec. 25. That for the purpose of enabling the city to 
determine from time to time the schedules to be main- 
tained on local service under Section 13 hereof, and for 
enabling the city to frame reasonable ordinances relative 
to the said grantee and to determine the amount of com- 
pensation to be paid under Seceion 35 hereof, the grantee 
shall make to the City Council annual reports as required 
by Section 98 of the City Charter of the City of Beaumont, 
and the City Council may have the books of the grantee 
audited or cause them to be produced before it for in- 
spection at any meeting, and may call the employees of 
the grantee or call any person before it to give evidence 
upon the matters and things then under inquiry, and 
compel their attendance, as provided in Section 97 of the 
City Charter; and the grantee shall keep its main office 
and its books in the City of Beaumont, so that same may 
be accessible at all times. 

Sec. 26. The foregoing grant is made upon the fol- 
lowing conditions, viz: The grantee shall commence the 


662 


CHARTER AND ORDINANCES. 


actual construction of said system of railway witlnn 
twelve months from the date upon which this ordinance 
shall go into effect, and shall complete and have in oper- 
ation over said streets, in accordance with the require- 
ments of this franchise, an interurban railway system be- 
tween the cities of Beaumont and Port Arthur, Texas, 
within eighteen months from said date, and shall main- 
tain and operate over said interurban railway between 
the said cities of Beaumont and Port Arthur, regular pas- 
senger interurban service, with a schedule between said 
cities of not less than four passenger trips per day, each 
way. And, if the said grantee shall fail to commence, in 
good faith, the construction of said railway within said 
period of twelve months or shall fail within eighteen 
months from said date to complete the construction of 
and put into operation an interurban railway over said 
streets, in accordance with the requirements of this fran- 
chise, and from the City of Beaumont and to and into 
the City of Port Arthur, Texas, or shall fail to regularly 
operate on said interurban railway an interurban pas- 
senger service of not less than four trips each way per 
day of 24 hours, then and in such event all the privileges 
and franchises herein granted shall be forfeited, pro- 
vided, that in calculating said time, delays occasioned 
by strikes, unavoidable accidents, and those caused by 
storms, floods and other acts of God are not to be calcu- 
lated, and if such delays occur, the time is to be extended 
accordingly; provided the grantee shall be required to 
file with the City Secretary of the City of Beaumont its 
written claim and statement of the time of delay and 
causes thereof, for which it seeks allowance, which state- 
ment shall be filed at the time same occur, and no claim 
for delay shall be allowed unless filed as aforesaid. 

Sec. 27. That in the event grantee, its successors or 
assigns, shall willfululy or neglegently fail to maintain 
any schedule or schedules as in this ordinance provided, 
or which the City Council may hereafter legally establish 
pursuant to the provisions of Section 13 of this ordinance, 
(temporary delays on account of new construction or re- 
construction work on its tracks or foundations thereof, or 


CITY OF BEAUMONT. 


663 


on account of paving work being done by the city, or on 
account of strikes or reasonably unavoidable failure of 
power, accidents or other causes beyond the control of 
said grantee being excepted) said grantee shall forfeit 
and pay to the City of Beaumont a sum not less than 
$25.00 nor more than $100.00 for each offense; and each 
day upon which such willful or negligent default or fail- 
ure shall occur shall be deemed a separate offense and 
the City of Beaumont shall have a first lien of the char- 
acter, extent and priority defined in Section 30 of this 
ordinance, upon the property. of said grantee for the pay- 
ment of all penalties and forfeitures and such penalties 
and forfeitures may be recovered by the City of Beau- 
mont in any court of competent jurisdiction. Unless the 
City Council or Mayor has previously notified in writing 
the grantee or its manager in Beaumont of the City’s in- 
tention to invoke the remedy herein provided, the city 
shall be limited in the recovery of such penalties as ac- 
crue after filing of such suit. Nothing herein provided 
shall deprive the city of the right of forfeiture under 
the provisions for forfeiture under the provisions for 
forfeiture in this franchise. 

Sec. 28. That in the event the grantee, his successors 
or assigns, after written notice or warning from the City 
Council or the Mayor of the City of Beaumont to said 
grantee, his successors or assigns, shall wilfully or negli- 
gently fail to perform any duty imposed upon the grantee 
by the provisions of this ordinance, said grantee shall for- 
feit and pay to the City of Beaumont a sum not less than 
$25.00 nor more than $100.00 for each offense; and each 
day upon which such willful or negligent default or fail- 
ure shall occur, shall be deemed a separate offense; and 
the City of Beaumont shall have a first lien upon the pro- 
perty of said grantee for the payment of all such penal- 
ties and forfeitures, of the character, extent and prior- 
ity defined in Section 30 of this ordinance, and such pen- 
alties and forfeitures may be recovered by the City of 
Beaumont in any court of competent jurisdiction with- 
out depriving the city of its right of forfeiture under the 
provisions for forfeitures in this franchise. 


664 


CHARTER AND ORDINANCES. 


Sec. 29. This ordinance shall become effective upon 
acceptance at any time after thirty days and within sixty 
days after the passage hereof, such acceptance to be in 
writing signed by the grantee and filed with the City 
Secretary of the City of Beaumont, and to obligate the 
grantee to pay to the City of Beaumont the sum of two 
thousand dollars as liquidated damages should he fail 
to commence the actual construction of said interurban 
railway in good faith within twelve months after this 
ordinance goes into effect or should fail to construct, 
complete and put in operation said interurban railway 
between the cities of Beaumont and Port Arthur, Texas, 
in accordance with the requirements of this ordinance 
within a period of eighteen months after this ordinance, 
goes into effect and said acceptance to be effective shall 
be accompanied by a good and sufficient bond in the 
sum of two thousand dollars, with some reliable bond- 
ing company as surety or two or more sureties thereon, 
owning unincumbered real estate in Jefferson County, 
Texas, subject to execution to the amount of at least 
four thousand dollars, guaranteeing the payment to the 
City of Beaumont of said sum of two thousand dollars by 
the grantee, in the event he became liable therefor as 
above provided; such bond to be subject to approval by 
the City Council. 

And if the said grantee shall, within the said period 
of 12 months, in good faith commence the actual con- 
struction of said railway, and complete and put the same 
in operation between said cities, as required by this or- 
dinance, within said period of 18 months, then the said 
bond shall become null and void and of no further force 
nor effect; otherwise to remain in full force, effect and 
virtue and the amount of said bond to- wit $2000.00 shall 
be forfeited to the City of Beaumont as liquidated dam- 
ages; in addition to the city’s right to declare this fran- 
chise forfeited. If this ordinance is not accepted in the 
time and manner herein provided, the same shall stand 
cancelled, revoked and repealed. 

Sec. 30. That in every case where any sum of money, 
whether by way of debt, fine, forfeit, penalty or other- 


CITY OF BEAUMONT. 


665 


wise, shall be come payable from the grantee to the City 
of Beaumont under any provision of this ordinance, the 
same shall be a lien upon all the poles, wires, rails, tracks, 
cars, franchises and other property of the grantee inthe 
City of Beaumont, and as to all of said property the lien 
of the city shall have preference and priority over all 
mortgages and other liens, except lien for State, County 
and municipal taxes; and all persons claiming any right 
or interest in said properties under the grantee whether 
under contract executed before or after the accrual of 
such claim in favor of the city, must take notice hereof 
and postpone their claims to the said claims of the city. 

Sec. 31. That the grantee shall at all times make pro- 
vision for the separation of white and negro passengers 
upon its cars, in such manner as may be prescribed by 
the City Council of the City of Beaumont, or bv the laws 
of the State of Texas. 

Sec. 32. That the grantee shall hold the city harm- 
less from any damages or injuries to property or persons 
that may be occasioned by, or in connection with the con- 
struction or operation of the grantee’s interurban and 
street railway system, or in connection with the improve- 
ment or repairs of said system or in any streets by the 
grantee. 

Sec. 33. The interurban and street railway of the 
grantee herein, in the City of Beaumont, shall not, as 
to ownership, control or operation, be consolidated with 
any other street railway or interurban railway in the 
City of Beaumont, without the consent of the City Coum 
cil granted by ordinance duly adopted. 

Sec. 34. The terms “City Council” as used in this 
ordinance, shall be construed to mean the City Council 
of the City of Beaumont, or other governing body of said 
city, by whatever name such body shall hereafter be 
designated. 

Sec. 35. That in consideration of the grant of this 
franchise, the grantee shall, on the first day of February, 
1917, and on the first day of February each year there- 


666 


CHARTER AND ORDINANCES. 


after, pay to the City* of Beaumont one per cent of its 
gross receipts of local fares for the carriage of passen- 
gers for the year ending December first of the year pre- 
ceding, and the percentage of gross receipts to he paid 
by the grantee may be increased by the City Council of 
the City of Beaumont at any time after the year 1927, to 
an amount not to exceed two per cent of such annual 
gross receipts, provided the then net earnings of the 
grantee reasonably justifies such increase. 

By “local fares” within the meaning of this section, 
is meant all fares of five cents or less collected by the 
grantee on passenger traffic in the City of Beaumont, and 
on suburban passenger traffic into the City of Beaumont 
from its suburbs and out of the City of Beaumont to its 
suburbs. 

It is expressly understood that the payments in this 
section provided for are by way of a bonus to the City of 
Beaumont, and not by way of occupation or franchise 
tax nor tax of any kind ; and the same shall in no manner 
affect or impair the city’s right of taxation against the 
grantee under present or future laws, nor in any manner 
relieve or exempt said grantee from the payment of any 
taxes which may be legally imposed. 

Provided that this section shall not apply until and 
unless the grantee shall hereafter obtain permission to, 
and construct, a line or lines of track for local passenger 
service on streets other than those specifically named in 
Section 1 of this Ordinance. 

Sec. 36. That so much of the route described in Sec- 
tion 1 as is not now dedicated to the public as streets, the 
grantee, upon acquiring same as a right of way for its 
tracks by purchase or condemnation, shall dedicate to 
the public as a street or streets, subject to his right to 
use the same for his interurban and street railway under 
the provisions of this Ordinance. 


CITY OF BEAUMONT. 


667 


Sec. 37. This ordinance shall take effect and be in 
full force from and after date of passage and approval by 
the Mayor, and lawful publication, and acceptance by the 
grantee as provided herein. 

Passed this the 12th day of September, A. D. 1910. 
Approved bv the Mavor this the 20th day of September, 
A. D. 1910. ‘ 


668 CHARTER AND ORDINANCES. 

TEXARKANA & FT. SMITH RAILWAY COMPANY. 


Beaumont, Texas, May 8, 1911. 

Mr- J. G. Sutton, 

City Secretary, 

Beaumont, Texas. 

Dear Sir: 

Whereas, there was passed and approved by the May- 
or of the City of Beaumont on the 2nd day of May, A. D. 
1911, a certain ordinance granting to the Texarkana & 
Ft. Smith Railway Company a franchise to lay a track 
to operate trains thereon over and across Finis Street, 
the caption of which ordinance reads as follows: 

4 ‘Granting to the Texarkana & Ft. Smith Railway 
Company, its successors and assigns, for a period of fif- 
teen (15) years the right and privileges to construct and 
lay a track and operate its trains and caj?s thereon across 
Burt Street, and over and along Finis Street to Leonard 
Street in the City of Beaumont and prescribing the con- 
ditions thereof.” 

This is to notify you that said ordinance is accepted 
by the said Texarkana & Ft. Smith Railway Company. 

Very truly yours, 

WEAR, ORGAIN & BUTLER, 

By Will E. Orgain, 
Attorneys for the Texarkana & Ft. Smith 
Railway Company. 

AN ORDINANCE. 

Granting to the Texas & New OFeans Railway Com- 
pany, its successors and assigns, for a period of ten years, 
the right and privilege to construct and lay a track and 
operate its trains and cars thereon from the south side 
of South Street along the western side of Second Street 
to the south side of South Street in a northwesterly di- 
rection across South Street entering Lot 12, Block 1, Park- 
dale Addition, and prescribing' the conditions thereof. 


CITY OF BEAUMONT. 669 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

SECTION I. 

That the Texas and New Orleans Railway Company, 
be and it is hereby granted the right and privilege to con- 
struct and maintain at its own expense a single, standard 
gnage railroad track from the south side of South Street 
along the western side of Second Street to the South side 
of Laurel Avenue, and also a track from the south side 
of South Street in a northwesterly direction across South 
Street entering Lot 12, Block 1, Parkdale Addition. It 
being understood and agreed that the track herein au- 
thorized to be laid from the south side of South Street, 
thence along Second Street on the west side thereof to 
the south side of Laurel Avenue is laid as an industrial 
track for the purpose of reaching, commercial and in- 
dustrial enterprises located along the right of way on 
which said track is authorized to be laid and it is also 
understood and agreed that the track authorized to be 
laid from the south side of South Street in a northwest- 
erly direction across South Street to Lot 12, Block 1, of 
the Parkdale Addition is laid for the purpose of an in- 
dustrial track to reach commercial and industrial enter- 
prises that may be located on such property between 
South Street and Laurel Avenue of said Block 1, Park- 
dale Addition. 


SECTION II- 

The grantee, its successors and assigns, shal 1 have 
the right to operate its trains, engines and cars over said 
track when done so to further the interests for which this 
grant is given, as stated in the latter portion of Section 
1 hereof. 

SECTION III. 

That the said grantee, its successors and assigns, 
shall be required at its own expense to construct and 
maintain suitable ditches and culverts under its tracks 


670 


CHARTER AND ORDINANCES. 


herein authorized and to construct and maintain good 
and sufficient crossings at the intersection of such cross 
streets crossed by said railroad tracks and to keep said 
street crossings and streets in such condition as not to 
unreasonably interfere with public traffic thereon. 

SECTION IV. 

The said railway company shall be further required 
to construct and maintain said railroad track at the 
same grade or level as the established grade or level of 
said streets, so as not to in anywise obstruct the use of 
same by the public, and shal 1 also within a reasonable 
time, not exceeding 60 days after the construction of said 
railroad track, ballast said railroad track between the 
rails and to a distance of two feet on either side thereof 
with rock, gravel, shells, sand, cinders or other suitable 
material, to be determined by the Cit 3 r Council, in such 
manner that said track may be on a level with said street. 

The grant herein given is for a single track only; 
one of said tracks shall be laid on the western side of 
Second Street, and the other from south side of South 
Street in a northwester 1 }^ direction across South Street, 
and shall be laid under* the direction of the City Engineer 
of the City of Beaumont, and should a dispute over said 
construction arise, the grantee, its successors and as- 
signs, hereby agree to refrain from doing said work un- 
til the matter in dispute has been approved by the Street 
and Bridge Committee of the City Council of the City of 
Beaumont; provided, that if said committee shall sus- 
lain the contention of the City Engineer in said matter, 
then the grantee, its successors and assigns, shall Rave the 
right to submit same to arbitration. The board of ar- 
bitrators to be composed of one person selected by the 
Street and Bridge Committee, one by the grantee, its 
successors or assigns, and the third by these two and the 
decision of said board shall be final as to both parties. 

SECTION VI. 

If the grantee, its successors or assigns, shall at any 
time during the life of this franchise discontinue the use 
of the tracks, for which this franchise is granted, for a 


CITY OF BEAUMONT. 


671 


period of thirty (30) successive days; this franchise shall 
then and there terminate and al 1 the rights and privileges 
herein granted shall revert back to the city, and the 
grantee, its successors or assigns, shall on notice from 
the City Council remove its track from the streets, and 
if same is not done within thirty (30) days thereafter, 
the City of Btaumont shall have the right to do said 
work itself and recover of and from the defendant such 
amount as may be expended by the Oity of Beaumont on 
said work plus ten per cent additional as a penalty, and 
if said amount is not paid within thirty (3(f) days after 
the completion of same by the city, an additional ten per 
cent shall be added as a penalty, and the total of said 
amount shall draw interest from that date at the rate of 
fen per cent per annum. 

SECTION VII. 

The foregoing right and privhege is especially grant- 
ed upon the expressed condition that the said grantee, 
its successors and assigns, shall, within thirty (30) days 
after the passage and approval by the Mayor of this 
franchise, acting through its proper officer, file with the 
City Secretary its written acceptance of this ordinance, 
and depositing with the City Secretary the sum of $20.00, 
and upon further condition that the tracks to be con- 
structed hereunder shall be completed within sixty (60) 
days from the passage hereof and on the failure of the 
grantee, its successors and assigns, to file its acceptance, 
as provided herein, and depositing the sum of $20.00 then 
this franchise shall be null and void and become of no 
further force nor effect. Provided, that the amount here- 
in required to be deposited with the City Secretary is 
for the purpose of paying the cost of publishing this 
franchise, as required by the City Charter, and if said sum 
deposited is of a greater amount than is required to pay 
for said publication, then the City Secretary shall refund 
such difference to said grantee, its successors or assigns, 
and in case said amount is not sufficient, then the City 
Secretary is required to obtain from the grantee, its sue- 


CHARTER AND ORDINANCES. 


672 

cessors and assigns, such additional amount as is nec- 
essary to pay for said publication- 

SECTION VIII. 

This ordinance shall go into effect and force from 
and after its passage, approval by the Mayor, filing of 
its written acceptance and depositing of the sum of $20.00 
as provided in Section 7, hereof, and lawful publication 
as provided in the City Charter and shall continue for a 
period of ten (10) years thereafter. 

Passed this the 6tli day of June, A. D. 1911. Ap- 
proved this the 6tli dav of June, A. D. 1911. 

EMMETT A. FLETCHER, 

Mayor. 

ATTEST: 

J. G. SUTTON, 

City Secretary- 

ACCEPTANCE. 

Houston, Texas, June 16, 1911. 

Mr. Emmett A. Fletcher, Mayor, 

Beaumont, Texas. 

Dear Sir: 

In compliance with Section 7 of Ordinance passed 
and approved June 6tli, 1911, by the City of Beaumont, 
granting to the Texas and New Orleans Railroad Com- 
pany the right to construct a track on the south side of 
South Street, along the west side of Second Street to the 
south side of Laurel Avenue, and an additional track 
just west thereof, I hereby notify you, as the act of the 
Texas & New Orleans Railroad Company, that said ordi 
nance is accepted as written. 

Yours truly, 

W. B. VAN VLECK. 

AN ORDINANCE. 

Entitled an ordinance prescribing how bread stuffs, 
cake, pastry, dried, sliced or preserved fruits, candies, 


CITY OF BEAUMONT. 


673 


confectionery, or other perishable food products, except 
those that are to be pealed, pared or cooked before con- 
sumption, shall be kept, sold, offered for sale or displayed 
outside of any premises in the City of Beaumont, or in 
any street or public place, and providing a penalty for the 
violation thereof. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

SECTION I. 

It shall be unlawful for any person, firm or corpora- 
tion in the City of Beaumont to keep, sell or offer for sale, 
or display outside of any premises in the City of Beau- 
mont or in any street or public place and bread stuff, 
cake, pastry, dried, sliced or preserved fruits, candies, 
confectionery or other perishable food products, except 
those that are to be pealed, pared or cooked for human 
consumption, unless they be kept so covered as to pro- 
tect them from flies. 

SECTION II- 

Any person violating the provisions of this ordi- 
nance shall, on conviction in the Corporation Court, be 
fined in any sum not less than $5.00 nor more thaE 
$ 200 . 00 . 

SECTION III. 

All ordinances or parts of ordinances in conflict here- 
with are hereby repealed. 

SECTION IV. 

This ordinance shall be in full force and effect from 
and after its passage, approval by the Mayor and lawful 
publication. 

Passed this the 20tli day of June, A- D. .1911. Ap- 
proved this the 20tli day of June, A. D. 1911. 

EMMETT A. FLETCHER, 

Mayor. 

ATTEST: 

J. G. SUTTON, 

City Secretary- 


674 


CHARTER AND ORDINANCES. 
AN ORDINANCE. 


Entitled an ordinance ordering an election to be 
held in the City of Beaumont to determine if bonds of 
said city shall be issued for the purpose of making cer- 
tain public impovements, naming the time and places 
of holding said election, and appointing officers thereof, 
and providing for the manner of holding said election, 
and the giving of notice thereof. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

SECTION I. 

That an election be held in the City of Beaumont, 
Texas, on the lltli day of August, A. D. 1911, at which 
election the following propositions shall be submitted: 

SECTION II 

First. Shall the City Council of the City of Beaumont 
be authorized to issue bonds of said city, hereinafter 
designated as School House Building Bonds, in the sum 
of $25,000.00, payable in forty (40) years after date, with 
the option of redeeming same at any time after twenty 
(20) years from date, bearing interest at the rate of five 
(5) per cent per annum, payable semi-annually, and to 
levy a tax sufficient to pay the interest on said bonds and 
create a sinking fund sufficient to redeem same at ma- 
turity, for the purpose of constructing certain School 
Buildings in the City of Beaumont. 

SECTION III. 

Second. Shall the City Council of the City of Beau- 
mont be authorized to issue bonds of said city, hereinaf- 
ter designated as Sewer Bonds in the sum of Fifty Thou- 
sand ($50,000.00) Dollars, payable forty (40) years after 
date with the option of redeeming same at any time af- 
ter twenty (20) years from date, bearing interest at the 
rate of five (5) per cent per annum, payable semi-an- 


CITY OF BEAUMONT. 


675 


nually, and to levy a tax sufficient to pay the interest 
on the said bonds and create a sinking fund sufficient 
to redeem same at maturity for the purpose of construct- 
ing public sewers and necessary laterals within the City 
of Beaumont, the sewers and laterals to be constructed 
as follows: 

Wall Street to be extended from Railroad Avenue 
to Avenue C, a distance of 1800 feet. 

Long Avenue to be extended from Chandos to Cen- 
ter Street, a distance of 1600 feet. 

Mariposa Street from Broadway to South Street, a 
distance of 1125 feet. 

Magnolia Avenue from Caldwell to a distance of 
1020 feet. 

Park Street south a distance of 1500 feet. 

Royal Avenue from Avenue E to Bismarck, a dis- 
tance of 400 feet- 

Bismarck Street to Blanchette Street, a distance of 
400 feet. 

Orange Street from Lyle to Roberts Street 1700 feet. 

And said laterals to be constructed as may hereaf- 
ter be determined to serve the best interest to the city. 

SECTION IV. 

Third. Shall the City Council of the City of Beau- 
mont be authorized to issue the bonds of said city, here- 
inafter designated as Street Improvement and Repair 
Bonds in the sum of Twenty-five Thousand ($25,000.00) 
Dobars, payable in forty (40) years after date with the 
option of redeeming same at any time after twenty (20) 
years after date, bearing interest at the rate of five (5) 
per cent per annum, payable semi-annually and to levy 
a tax sufficient to pay the interest on said bonds and to 
create a sinking fund sufficient to redeem same at ma- 
turity, for the purpose of Street Improvements and Re- 
pairs. 

SECTION V. 

Fourth. Shall the City Council of the City of Beau- 


676 


CHARTER AND ORDINANCES. 


mont be authorized to issue bonds of said city, herein- 
after designated as Jail Bonds in the sum of Fifteen 
Thousand ($15,000.00) Dollars, payable in forty years 
after date with the option of redeeming same at any time 
after twenty (20) years after date, bearing interest at 
the rate of five (5) per cent per annum, payable semi- 
annually and to levy a tax sufficient to pay the interest 
on said bonds and to create a sinking fund sufficient to 
redeem same at maturity, for the purpose of building a 
jail. 

SECTION VI. 

Fifth. Shall the City Counci 1 of the City of Beau- 
mont be authorized to issue bonds of said city, herein- 
after designated as Park Bonds in the sum of Sixty 
Thousand ($60,000.00) Dollars, payable in forty years 
after date, bearing interest at the rate of five (5) per 
cent per annum, with the option of redeeming same at any 
time after twenty (20) years after date, interest payable 
semi-annually and to levy a tax sufficient to pay the in- 
terest on said bonds and to create a sinking fund suffi- 
cient to redeem same at maturity, for the purpose of pur- 
chasing, constructing and maintaining public parks 
either inside or outside of the city limits. 

SECTION VII. 

Sixth. Shall the City Council of the City of Beau- 
mont be authorized to issue bonds of said city, herein- 
after designated as Abattoir Bonds in the sum of $25,- 
000.00, payable forty (40) years after date, with the op- 
tion of redeeming same at any time after twenty (20) 
years from date, bearing interest at the rate of five (5) 
per cent per annum, payable semi-annually, and to levy 
a tax sufficient to pay the interest on said bonds and to 
create a sinking fund sufficient to redeem same at ma- 
turity, for the purpose of building a City Abattoir- 

SECTION VIII. 

That said e^ction shall be held at the following 
places, to-wit: 


CITY OF BEAUMONT. 


677 


In the first ward at the Central Fire Station. 

In the second ward at the Beaumont City Hall on 
Main Street. 

In the third ward at the Jefferson County Court 
House. 

SECTION IX. 

That the following named persons are appointed of- 
ficers of said election: 

In the first ward, H. D. Fletcher and S. B. Cooper, Jr. 

In the second ward, P. A. Dowlen and H. C. Schwaner. 

In the third ward, Kyle Ward and J. S- Edwards. 

SECTION X. 

That said election shall be held under the provisions 
of the State Law governing elections, and only quali- 
fied voters, who are property tax payers of said City of 
Beaumont shall be allowed to vote, and all voters desir- 
ing to support the proposition to issue School House 
Building Bonds, shall have printed on their ballots the 
words, “For the issuance of School House Building 
Ronds,” and those opposed to the issuance of School 
House Building Bonds, shall have printed on their bal- 
lots the words, “Against the issuance of School House 
Building Bonds ;” and those desiring to support the pro- 
position to issue Sewer Bonds, shall have printed on their 
ballots the words, “For the issuance of Sewer Bonds,’ ’ 
and those opposed to the issuance of Sewer Bonds, shall 
have printed on their ballots the words, “Against the 
issuance of Sewer Bonds;” and all voters desiring to 
support the proposition to issue Street Improvement and 
Repair Bonds, shall have printed on their ballots, “For 
the issuance of Street Improvement and Repair Bonds, ’ ’ 
and those opposed to the issuance of Street Improvement 
and Repair Bonds, shall have printed on their ballots 
the words “Against the issuance of Street Improvement 
and Repair Bonds;” and those desiring to support the 
proposition to issue Jail Bonds, shall have printed on 
their ballots the words, “For the issuance of Jail Bonds,” 


678 


CHARTER AND ORDINANCES. 


and those opposed to the issuance of Jail Bonds, shall 
have printed on their ballots the words, “Against the is- 
suance of Jail Bonds ;” 'and the voters desiring to sup- 
port the proposition to issue Park Bonds, shall have 
printed on their ballots the words, “For the issuance of 
Park Bonds, ’ ’ and those opposed to the issuance of Park 
Bonds, shall have printed on their ballots the words, 
“Against the issuance of Park Bonds ;” and the voters 
desiring to support the proposition to issue Abattoir 
Bonds, shall have printed on their ballots the words, 
“For the issuance of Abattoir Bonds,” and those opposed 
to the issuance of Abattoir Bonds, shall have printed on 
their badots the words, “Against the issuance of Abat- 
toir Bonds.” 

SECTION XI. 

That a copy of this ordinance signed by the Mayor 
of the City of Beaumont and attested by the City Sec- 
retary shall serve as proper notice of said election and 
the Mayor is directed to cause said notices to be posted 
up at each of the places designated for holding said elec- 
tion at least thirty (30) days prior to the date of said 
election. 

SECTION XII. 

This ordinance shall go into force and effect from 
and after its passage, approval by the Mayor and law- 
ful publication. 

Passed this the 5th day of July, A. D. 1911. Ap- 
proved this the 5th day of July, A. D. 1911. 

EMMETT A. FLETCHER, 

Mayor. 

ATTEST: 

J. G. SUTTON, 

City Secretary- 

AN ORDINANCE. 

Entitled an ordinance providing rules and regula- 
tions for the construction and house connections with 
the water and sewer system in the City of Beaumont, 
Texas, and house plumbing for the government of plumb- 


679 


CITY OF BEAUMONT. 

ing of said City of Beaumont, and providing penalties 
for their violation. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

SECTION I. 

That the following rules and regulations be and the 
same are hereby adopted for the construction, mainte- 
nance and repairs of plumbing and house connections 
with the sewer and water system in the City of Beau- 
mont, and for the government of plumbing in and for 
said city. 

RULE 1. 

It shall be unlawful for any person to carry on the 
trade of plumbing in the City of Beaumont, unless he 
shall have filed a bond in the sum of $1000.00 with good 
and sufficient sureties or some good surety bonding com- 
pany; sanj bonds to be approved by the City Council of 
the City of Beaumont. 

RULE 2. 

All non-resident master plumbers who shall under- 
take to do plumbing work in the City of Beaumont shall? 
before doing said work, file a bond in the sum of $1000.00 
with two or more good and sufficient sureties or with 
some bonding cimpany as surety, conditioned that he 
will do all work in the city in conformity with the ordi- 
nances or rules and regulations of the City of Beaumont 
regarding plumbing and drain laying. 

RULE 3. 

No bonded plumber shall allow his name to be used 
by any person, firm or corporation, directly or indirect- 
ly, either for the purpose of obtaining a permit or to 
do any work under his bond. 

One verticle drawing will be sufficient for a build- 
ing. 


080 


CHARTER AND ORDINANCES. 


RULE 4. 

The drainage and plumbing of all buildings, both 
public and private, in the City of Beaumont, shall be ex- 
ecuted in accordance with plans previously approved by 
the Sewer and Plumbing Inspector of said City. Suitable 
drawings and descriptions of said plumbing and dainage 
shall in each case be submitted. 

RULE 5. 

Drawings and complete descriptions of all plumbing 
and drainage shall be filled in with ink on forms furnished 
by the inspector and shall be filed by the master plumber 
in the office of the inspector. 

RULE 6. 

One verticle drawing will be sufficient for a build- 
ing when it can be made to show all work. If the work 
is intricate and cannot be shown by one drawing, two 
or more should be used. 

RULE 7. 

Plans will be approved or rejected within two days 
from the time of filing- And the said plumbing and drain- 
age shall not be commenced or proceeded with until said 
drawings and descriptions shall have been so filed and 
approved by t the inspector. 

RULE 8. 

After the plans have once been approved, no altera- 
tion of the same will be allowed, except on written ap- 
plication of the owner, architect or master plumber. All 
information or ruling from the inspector shall be made 
in writing. 

RULE 9. 

Repairs and alterations of plumbing and drainage 
may be made without the filing and approval of draw- 


CITY OF BEAUMONT. 


681 


ings and descriptions; but said repairs or alterations 
shall not be constructed to include cases where new ver- 
ticle or horizontal lines of soil or waste pipes are pro- 
posed to be used. Notice of said repairs or alterations 
shall be filed in the office of the inspector, before the 
same are connected, in all cases except where leaks are 
stopped or obstructions are removed. Said notice sha ! l 
consist of a description in writing of the work to be done, 
of the location of the property where the same is exe- 
cuted, and the name and address of owner. 


RULE 10. 


Written notice must be filed in the office of the in- 
spector by the master plumber five hours before any work 
is ready for inspection. No part of the work shall be 
covered until it has been examined and approved by the 
inspector. 

RULE 11. 

The entire plumbing and drainage system within 
the building shall be tested by the master plumber, in the 
presence of the inspector, uifder a water test. The plumb- 
er shall securely closet all openings, as directed by the 
inspector. The material and labor for the test shad be 
furnished by the master plumber. 


RULE 12. 

All material shall be of good quality and free from 
defects- The work shall be executed in a workmanlike 
manner. 

RULE 13. 

All cast iron pipe used in buildings over fifty feet 
in ceiling height above the curb, shall be of the grade 
known as extra heavy, which weighs as follows: 

Two inches, 5 1-2 pounds per lineal foot; 3 inches 
9 1-2 pounds per lineal foot; 4 inches, 13 pounds per lin- 
eal foot; 5 inches, 17 pounds per lineal foot; 6 inches, 20 
pounds per lineal foot; 7 inches, 27 pounds per lineal 
foot; 8 inches, 33 1-2 pounds per lineal foot; 10 inches, 


682 CHARTER AND ORDINANCES. 

45 pounds per lineal foot; 12 inches, 65 pounds per lineal 
foot. 

RULE 14. 

All lead supply pipes shall not be lighter than extra 
strong lead. All lead waste and vent pipes shall not be 
lighter than lead, which weighs as follows: 

FOR SUPPLY PIPES. 

3-8 inch, 1 pound 8 ounces per lineal foot; 1-2 inch, 

2 pounds per lineal foot; 5-8 inch, 2 pounds 12 ounces per 
lineal foot; 3-4 inch, 3 pounds 8 ounces per lineal foot; 
1 inch, 4 pounds 12 ounces per lineal foot; 1 1-4 inch, 7 
pounds per lineal foot; 1 1-2 inch, 8 pounds per lineal 
foot; 2 inches, 9 pounds per lineal foot. 

FOR WASTE AND VENT PIPES. 

1 1-4 inches, 3 pounds per lineal foot; 1 1-2 inches, 4 
pounds per lineal foot ; 2 inches, 5 pounds per lineal foot ; 

3 inches, 5 pounds per lineal foot; 4 inches, 8 pounds per 

lineal foot. • 

RULE 15. 

All joints or seams on lead or between lead and brass 
shall be soldered by wiped joints. 

Rubber couplings or slip connections shall not be 
used on any waste or on sewer side of trap, vent or wa- 
ter pipe of any fixture. 

CONSTRUCTION OF WORK. 

Definition of Terms: 

The term “ House Drain’ ’ is applied to that part of 
the main horizontal drain and its branches inside the 
walls of the building and extending to and connecting 
with tb* house sewer. 

The term “Soil Pipe” is applied to any vehicle 
line of pipe extending through the roof, receiving the 


CITY OF BEAUMONT. 683 

discharge from any of one or more closets with or with- 
out other fixtures. 

The term “ Waste Pipe” is applied to any special 
pipe extending through the roof, receiving the discharge 
from any fixtures except water closets. 

The term “Verm Pipe” is apphed to any special 
pipe provided to ventilate the system and to prevent 
trap siphonage and the back pressure. 

RULE 16. 

Drains and soil pipes through which water and sew- 
erage is used and carried shall be of cast iron, when with- 
in a building, and to a distance of five feet outside of the 
foundation walls thereof. They shall be securely ironed 
to walls, laid in trenches of uniform grade, or suspended 
to floor timbers by strong iron hangers. They shall have 
proper fall toward sewer. 

RULE 17. 

When tile is used for the house during ? 

feet from the foundation walls, it must be laid in a trench 
out to uniform grade. The ends of the pipe must first be 
welded and space between hub and end of next section 
of pipe completely filled with best quality of hydraulic 
cement. A scraper or wiper must be used after cement 
is applied to each joint, and before the next section is 
laid to remove any cement that may have been forced 
into the pipe. Both ends of the house drain must be left 
open for the inspector to roll a rubber ball through it, 
from the highest point. No vitrified sewer pipe shall 
come nearer the surface than 12 inches, in this case cast 
iron shall be substituted. 


RULE 18. 


Soil and waste pipe shall be carried out through the 
roof, open and undiminished in size, to such a height as 
may be directed by the inspector, but no soil or waste 
pipe shall be carried to a height less than one foot above 


684 


CHARTER AND ORDINANCES. 


the roof, or building, dwelling or outhouse, except when 
they would open within twenty feet of any door, win- 
dow or aid shaft, they must be attached to main or ad- 
joining building, then carried above roof. 

RULE 19. 

Hand hole openings four inches in diameter shall 
be provided on all soil, waste or drain pipes laid beneath 
the ground; said openings to be required of each branch 
and bend, and if they do not project above the floor, man- 
hole must be provided in order' to give access to same. 

RULE 20. 

Changes in direction shall be made with “Y” branch- 
es and one-eighth or one-sixteenth bends. Offsets and 
90 degrees fittings will not be allowed on any soil, drain 
or vent pipe, only when unavoidable- Short Y-Y branches 
will be permitted on vertical lines of soil or waste pipe 
only, but may be used on horizontal lines of vent pipes. 

RULE 21. 

Every sewer connection shall have a fresh air inlet 
not less than four inches internal diameter, entering the 
drain between the main tran and all house connections, 
and cleanout on sewer side of trap. 

RULE 22. 

Sewer, soil and waste pipe ventilators shall not be 
constructed of sheet metal, earthenware or wrought iron 
pipe, and chimney flues shall not be used as such ven- 
tilators. 

RULE 23. 

Connections and lead pipe with iron pipe shall be 
made with brass or combination ferrules or brass solder- 
ing nipples proper ! y soldered by wiped joint, and caulked 
or screwed to iron pipe. Driven ferrules w T ill not be al- 
lowed. 


CITY OF BEAUMONT. 

RULE 24. 


685 


Joints between cast iron pipes shall be packed with 
oakum or hemp, run with molten lead, properly caulked 
and made tight. 

RULE 25. 

the arrangement of soil and waste pipes shall be as 
directed as possible. 

RULE 26. 

The size of soil and waste pipes shal 1 not be less 
than those given in the following table, and shall be of 
cast iron or lead. Main and branch soil pipes, four in- 
ches in diameter. Kitchen sinks, urinals, laundry and 
bath tubs one and one-lialf inch in diameter, slop sinks 
two inches in diameter, lavatories and pantry sinks one 
and one-quarter inches in diameter. 

RULE 27- 

Every kitchen sink in hotels, boarding houses and 
restaurants connected with the city sewer system shall 
be provided with a grease interceptor. The size of said 
trap to be not less than 12 inches, in which the size of the 
grease interceptor shall be fixed by the inspector. 

RULE 28. 

No steam, exhaust or blow off pipe from any boiler 
will be allowed to connect with the house drain; they 
should discharge into the tank or condenses, the waste 
from which should pass through a deep seal trap then 
into sewer. 

RULE 29. 


Safe, refrigerator waste, or sediment drain of any 
hot water boiler shall not connect directly with any soil, 
waste or vent pipe. 

RULE 30. 

Each fixture must have separate trap as near fix- 


686 


CHARTER AND ORDINANCES. 


ture as possible, and no trap shall be set more than eigh- 
teen inches from any fixture. 

RULE 31. 

All traps must be protected from siphonage and back 
pressure by special vent pipe if said trap is eighteen or 
more inches from vertical waste pipe. 

RULE 33. 

All vent pipes must be of lead or cast iron joined as 
in Rule 23. 

RULE 34. 

All vent connections in fixture trap, except slop sinks 
and waste closets, shall be made with lead pipe properly 
wiped to brass solder nipple, brass or combination fer- 
rule screwed or caulked to iron pipe. 

RULE 35. 

The traps of water closets shall be vented by two- 
ineh pipe taken out of soil pipe as near fixture as possi- 
ble, except as hereinafter provided. Where there is only 
one water closet on a line of soil pipe or vent is required, 
providing it is within two feet of a four-inch vertical 
stack. But where there are two water closets located on 
the same floor and both are within two feet of the stack, 
either one of the closets must be vented. Where two or 
more closets discharge into the same vertical soil pipe 
on different floors, a separate vent connection must be 
provided for the trap for the lower closets, which may 
connect with the soil pipe above the upper wafer closet. 

RULE 36. 

Vent pipes may be combined by branching together 
and increasing in size, and then carried into soil pipe 
above the highest fixture, or continued above the roof. 

The sizes of combined vent pipes shall not be smaller 
than those given in the following tables: 

One and one-half inch main vent will carry three 
1 1-4 inch branches. 


CITY OF BEAUMONT. 


687 


Two-inch main vent will carry two 2-inch and one 
1 1-4-inch branches. 

Three-inch main vent will carry five 2-inch and two 
1 1-2-inch branches. 

Fonr-inch main vent will carry eight 2-inch and six 
1 1-2-inch branches. 

RULE 37. 

All water closets shall have flushing rim "bowls. Pipe 
wash bowls, pan plunger, long hopper or direct supphes 
of any kind, or closets having an unventilated space or 
whose walls are not flushed at each discharge will not be 
allowed. 

RULE 38. 

Enameled iron hoppers shall be properly caulked 
with lead or cast iron soil pipe. 

RULE 39. 

All water pipes laid in streets shall be parallel with 
and not less than three feet from the curb line, and shall 
be 36 inches below the grade of said street. 

RULE 40. 

Whenever any application shall have been filed with 
any plumber authorized to receive same for the purpose 
of making connections with the sewerage system, or wa- 
ter works in the City of Beaumont, it shall be the duty 
of said plumber to construct and complete such connec- 
tion without unreasoable delay and with all possible 
speed- Any master or emptying plumber who shall fail 
to make such connection within a reasonable time and 
with all possible speed by reason of his own neglect or 
by reason of a request or desire of the parties from whom 
such connection is to be made, or who shall withdraw 
the application made by him to do such work without 
permission of the Sewer and Plumbing Inspector, shall 
forfeit his bond to do any work within the City of Beau- 
mont within one year and such bond shall be revoked by 
the City Council. 


688 CHARTER AND ORDINANCES. 

SECTION II- 

Any person found guilty of violating any of the fore- 
going rules, shall upon conviction thereof in the Corpor- 
ation Court be fined in any sum not less than $5.00 nor 
more than $200.00, unless a different punishment is fixed 
by the Laws of the State of Texas, in which case the pen- 
alties as here fixed shall not be applicable, but such per- 
son shall be prosecuted under the laws of the State of 
Texas and fined as thereby provided. 

SECTION III. 

"All ordinances or parts of ordinances in conflict here- 
with are hereby repealed. 

SECTION IV. 

This ordinance shall take effect and be in full force 
from and after its passage, approval by the Mayor and 
lawful publication. 

Passed this the 5th day of July, A. D. 1911. Ap- 
proved this the 5th day of July, A. D. 1911. 

EMMETT A. FLETCHER, 

. Mayor. 

ATTEST: 

J. G. SUTTON, 

City Secretary- 

AN ORDINANCE. 

Entitled an ordinance creating the office of Sewer 
and Plumbing Inspector of the City of Beaumont, des- 
cribing the duties thereof; providing for its maintenanc. 
BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

SECTION I. 

The office of Sewer and Plumbing Inspector of the 
City of Beaumont is hereby created. Such office shall 


CITY OF BEAUMONT. 


689 


be filled by appointment by the Mayor and approved by 
the City Council. The Sewer and Plumbing Inspector 
shall receive such compensation for his services as the 
City Council may from time to time designate and same 
may be increased under the tenure of his office but not 
diminished. 

The Sewer and Plumbing Inspector shall be a person 
properly qualified for the duties of his office- 

SECTION II 

The Sewer and Plumbing Inspector shall enter into 
a bond payable to the Mayor of the City of Beaumont and 
his successors in office, with two or more good and suf- 
ficient sureties or with some bonding company as surety 
in the sum of $1000.00, said bond to be approved by the 
City Council, conditioned that the said Sewer and Plumb- 
ing Inspector shall pay to the City of Beaumont all mon- 
ies collected by him for its use and benefit as required 
by the ordinances of the City of Beaumont, and shall per- 
form all the duties of the office. 

SECTION III. 

It shall be the duty of the Sewer and Plumbing In- 
spector to pass on all plans submitted for any plumbing 
and drainage work, to keep a daby record of his work, 
including all notices and applications received, and vio- 
lation of any of the rules, regulations or ordinances of 
the city relative to plumbing and drainage. He shall 
inspect all houses in course of erection, alteration or re- 
pair, as often as may be necessary; and shall see that all 
work for plumbing, drainage and ventilation is done in 
accordance with the ordinances, rules and regulations for 
same. 

The Sewer and Plumbing Inspector will inspect all 
sewer connections and external house drains within 5 
hours after notification from the master plumber, Sun- 
days and holidays excepted, and all waste and vent pipes 
and other inside plumbing within 24 hours after notifi- 
cation, Sundays and holidays excepted. 


690 


CHARTER AND ORDINANCES. 


Should the Sewer and Plumbing Inspector fail to 
comply with the above requirements, th.e plumber doing 
the work shall file with the Mayor a written statement 
that the inspection was made within the above mentioned 
time. 

It shad be the duty of every plumber to deposit with 
the Sewer and Plumbing Inspector the amount to cover 
the cost of inspection and unless this be done the Sewer 
and Plumbing Inspector shall refuse to inspect the work. 

Inspection fees shall be 2 per cent of the contract 
price of the job up to $500.00, and 1 per cent additional 
for all over $500.00, with a minimum fee of $1.00. 

The Sewer and Plumbing Inspector shall also per- 
form such other services as may be required of him by 
the City Council. 

SECTION IV. 


All ordinances in conflict herewith are hereby re- 
pealed. 


SECTION V. 


This ordinance shal 1 go into effect and be in full 
force from and after its passage, approval by the Mayor 
and lawful publication. 

Passed this the 5th day of July, A. D. 191T Ap- 
proved this the 5th day of July, A. D. 1911. 

EMMETT A. FLETCHER, 

Mayor. 

ATTEST: 

J. G. SUTTON, 

City Secretary- 

AN ORDINANCE. 

Whereby the City Council of the City of Beaumont 
grants the Beaumont Wharf & Terminai Company, its 
successors and assigns, the right to lay its railroad track 
and operate its railroad over, upon and across Franklin 
Street within the corporate limits of the City of Beau- 
mont, and imposes certain conditions in respect thereto. 


691 


CITY OF BEAUMONT. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF BEAUMONT: 

SECTION I. 

That the Beaumont Wharf & Terminal Company, in 
its own right and the right of its successors and assigns, 
is hereby granted the right of way for and authority to 
lay, construct, own, maintain ana operate its railroad and 
railroad tracks over, on and across the following street, 
within the city limits of the City of Beaumont, as follows, 
to-wit: 

On, over and across Franklin Street, beginning at a 
point where the southern boundary line of the right of 
way of the Beaumont Wharf & Terminal Company inter- 
sects the north line of Franklin Street; thence in a south- 
easterly direction across said Franklin Street to a point 
in the south line of said street is intersected by the north 
eastern property line of the property of the Beaumont 
Gas Light Company, as more fully shown by the map 
hereto attached, marked ‘‘Exhibit A” and made a part 
hereof. 


SECTION II 

The obligation is hereby imposed upon the Beaumont 
Wharf & Terminal Company, its successors and assigns, 
to surface said track laid and constructed on and across 
said street, to grade to the level of said Franklin Street 
with sand, crushed rock, shell, brick or other suitable 
material as the City Council may require and direct from 
time to time; and in the event that at any time the city 
may undertake to construct public sewers underground 
intersecting such track, the Beaumont Wharf & Terminal 
Company binds itself, and it is hereby obligated to pay 
for such of said sewerage that underlies such track in- 
tersected by such public sewers, and the said Beaumont 
Wharf & Terminal Company likewise shall be liable to 
construct, build and maintain such ditches and culverts 
as may be directed by the City Council to properly drain 
such portion of said Franklin Street occupied by the said 
crossing of the Beaumont Wharf & Terminal Company, 


692 


CHARTER AND ORDINANCES. 


and to do and perform all and every act and thing re- 
quired by the Charter of the City of Beoumont, and the 
ordinances duly passed by the City Council regulating 
the laying, constructing and maintaining of railroad 
tracks in said City of Beaumont. 

SECTION III. 

The rights, authority and privileges hereby ordained 
and granted to the Beaumont Wharf & Terminal Com- 
pany, its successors and assigns, shall subsist and be vest- 
ed in said company, its successors and assigns, for the 
period of ten (10) years from the date of the final pas- 
sage hereof by the City Council. The said Beaumont 
Wharf & Terminal Company shall, within thirty days 
of the final passage of this ordinance, file with the City 
of Beaumont an instrument in writing accepting the bene- 
fits of this ordinance, upon and subject to the terms here- 
of. 

SECTION IV. 

The provisions of this ordinance shall take effect and 
be in force, subject to the conditions thereof, from and af- 
ter its final passage and acceptance, approval by the 
Mayor and lawful publication. 

Passed by the City Council this the 5th day of July, 

A. D. 1911- 

Approved by the Mayor, this the 5th day of July, A. 
D. 1911. 

EMMETT A. FLETCHER, 

Mayor. 

ATTEST: 

J. G. SUTTON, 

City Secretary 

Beaumont, Texas, July 19tli, 1911. 

Mr. J. G. Sutton, 

City Secretary, 

Beaumont, Texas. 

Dear Sir: 

This acknowledges receipt of copy of ordinance 


CITY OF BEAUMONT. 


693 


granting franchise to tlie Beaumont Wharf & Terminal 
Company, allowing the Beaumont Wharf & Terminal 
Company the right to lay its railroad track and operate 
its railroad over and across Franklin Street. This is to 
advise you that the terms and conditions of said ordi- 
nance are satisfactory and that same is accepted. 

Yours truly, 

J. A. GLEN, 

Vice President and Superintendent. 
AN ORDINANCE. 

Entitled and ordinance levying and assessing as a 
tax upon the lots, parts of lots, blocks, or tracts of land 
where not divided into lots or blocks, fronting or abut- 
ting on Main Street from Forsythe Street to and across 
Washington Street, and on Washington Street from Main 
Street to Pearl Street, in the City of Beaumont for two- 
thirds (2-3) the cost of paving and all the cost of curb- 
ing Main Street from Forsythe Street to Washington 
Street and Washington Street from Main Street to Pearl 
Street, and declaring said tax a lien upon said property, 
and a personal charge upon the owner or owners thereof, 
and providing a time when said tax shall become due and 
payable. 

BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF BEAUMONT: 

SECTION I. 

That upon the property fronting or abutting upon 
Main Street from Forsythe Street to and across Wash- 
ington Street and upon Washington Street from Main 
Street to Pearl Street, in the City of Beaumont, there is 
hereby levied and assessed as a tax two-thirds (2-3) of 
the cost of paving and all the cost of the curbing on said 
Main Steet from Forsythe Street to and across Wash- 
ington Street and Washington Street from Main Street 
to Pearl Street in the City of Beaumont, exclusive of that 


694 


CHARTER AND ORDINANCES. 


portion paved by railroads and street railways and all 
street intersections- 

The lots, parts of lots, blocks or tracts of land on 
which said tax is levied and assessed is hereinafter de- 
scribed, together with the number of feet front in such 
lot, parts of lots, blocks or tracks of land, the name or 
names of the owmer or owners thereof and the proportion- 
ate amount of the cost of said paving and the cost of said 
curbing to be borne and paid for by such owner or owners 
as shown by the roll prepared by the City Engineer of the 
City of Beaumont, which said amount is hereby levied 
and assessed as a tax upon such lot, part of lot, blocks or 
tracts of land, as shown, to-wit: 

APPROXIMATE ESTIMATE PAVING WASHINGTON 
STREET FROM MAIN STREET TO PEARL 
STREET ON 6-INCH CONCRETE FOUNDATION. 


Feet Paving Lin. Ft. 

Lot Blk. Frt. Sq. Yds. Amt. Curb’g Amt. Total 
Kirby Lumber Co.. .30 10 300 424.60 $1075.50 340 $170.00 1245.50 

/ to 31 

Inc. 

Alex Broussard 37 11 60 84.92 215.90 60 30.00 245.90 

C. T. Heisig 38 11 240 339.68 1004.64 260 130.00 1134.64 

to 41 
Inc. 

T. & Ft. S. By. Co. 739.15 2032.70 2032.70 

T. & Ft. S. Ry. Cp. 61.11 168.05 260 168.05 


APPROXIMATE ESTIMATE PAVING MAIN STREET 
FROM FORSYTHE TO AND ACROSS WASHING- 
TON, ON 6-INCH CONCRETE FOUNDATION. 


Feet Paving 


W. W. & R. A. 

Farnsworth 573 

W. J. Giles 572 

R. C. Davant 571 

B. F. Zellars ....570 

J. J. Hebert 569 

Mrs. C. A. Ogden 563 
to 56 
Inc. 

Mrs. Kate M. Peck 559 

M. Delaune 58 

F. A. Doyle, Admr.60 

A. D. Carroll 49 

Alex Broussard .... 48 
T G. Watson Hst..46 

Alex Broussard 37 

T. & N. O. Ry. Co. 


Blk. Frt. 

Sq. Yds. 

Amt. 

Curb’g 

Amt. 

Total 

6 

60 

91.33 

$251.16 

80 

$40 00 

$291.16 

6 

60 

91.33 

251.16 



251.16 

6 

60 

91.33 

251.16 

60 

30.00 

281.16 

6 

60 

91.33 

251.16 

60 

30.00 

281.16 

6 

60 

91.33 

251.16 

80 

40.00 

291.16 

5 

0 

240 

365.32 

1004.64 

240 

130.00 

1134.64 

5 

60 

91.33 

251.16 

80 

40.00 

291.16 

12 

120 

182.66 

502.32 

140 

70.00 

572.32 

12 

60 

91.33 

561.16 

60 

30.00 

281.16 

12 

120 

182.66 

502.32 

140 

70.00 

572.32 

11 

60 

91 . 33 

251.16 

60 

30.00 

281.16 

11 

120 

182.66 

502.32 

140 

70.00 

572.32 

11 

120 

182.66 

502.33 

140 

70.00 

572.32 



1083.33 

2979.16 



2979.16 


CITY OF BEAUMONT. 


695 


SECTION II. 

That tax so levied and assessed shall become due 
and payable upon the completion of the paving upon 
which the portion of said streets on which lots, parts of 
lots, blocks or tracts of land front or abut or front. 

SECTION III. 

That all the cost of grading and paving that portion 
of Main Street and Forysthe Street to and across Wash- 
ington Street between the rails of the Texas and New Or- 
leans Railway Company and a space extending twenty- 
four inches beyond the outer edge of the rails of said 
company shall be borne by the said Texas and New Or- 
leans Railway Company and such cost of said improve- 
ments are hereby assessed against the Texas and New 
Orleans Railway Company and shall be collected as other 
assessments levied under this ordinance. Provided such 
work shall be done in accordance with the City Ordi- 
nances regulating the construction of rabways in the 
streets of the City of Beaumont, and the paving of such 
streets traversed by same. 

SECTION IV. 

That all the cost of grading and paving that portion 
of Washington Stret from Main Street to Pearl Street be- 
tween the rails of the Texarkana & Ft. Smith Railway 
Company, and a space extending twenty-four inches be- 
yond the outer edges of the rails of said company, and in- 
cluding the space between the double tacks, sidetracks 
and turnouts shall be borne by said Texarkana & Ft. 
Smith Railway Company and shall be collected as other 
assesments levied under this ordinance. Provided such 
work shall be done in accordance with the City Ordi- 
nances regulating the construction of rairoad tracks in 
the streets traversed bv same. 

SECTION V. 

That the amount of the tax hereby levied and as- 
sessed, together with the cost of collecting same is here- 


696 


CHARTER AND ORDINANCES. 


by declared a lien against the said lots, parts of lots, 
blocks- or tracts of land, and against the Texas and New 
Orleans Railway Company and the Texarkana & Ft. 
Smith Railway Company and shall be a personal charge 
or claim against the owner or owners thereof, and against 
the said Texas and New Orleans Railway Company and 
the Texarkana & Ft. Smith Railway Company. 

SECTION VI 

This ordinance shall take effect and be in full force 
from and after its pasage, approval by the Mayor and 
lawful publication. 

Passed this the 18th day of July, A. D. 1911. Approved 
this the 18th day of July, A. D. 1911. 

EMMETT A. FLETCHER, 

Mayor. 

ATTEST: 

J. G. SUTTON, 

City Secretary- 



















































































- 






















































. 




































































































. 
































. 








■ 












































* 


























Extracts From State Laws 


(From Penal Code). 


t 

Extracts From State Laws 

(From Penal Code. 

A. 

ABUSIVE LANGUAGE. * Art. 

Punishment for 599 

AFFIDAVIT. 

Issuing occupation tax receipt without . . 110a 

AFFRAY. 


Defined and punished .• • • • 333 

AID. 

Refusing to aid officer • • 245 

ANIMALS. 

Killing to injure owner 786 

Killing or maiming 787 

Using without consent of owner 788 

% 

Infectious diseases among 811 

Auctioneering without statement, etc.... 901 

Killing unbranded or unmarked 907-911 


Killing another’s cow without consent 912 

ASSAULT AND BATTERY. 

Defined and punished •• 587-598 

ASSEMBLY. 

See unlawful assembly. 

AUCTIONEER. 

Selling animals without statement .... 901 

B. 

BAGGAGE. 

Injury to • • 792 

BATTERY. 

See Assault and Battery. 

BETTING. 

On base ball and foot ball Sec. 1 

See also Gaming. 

BILLS. 

See Money. 

BRIDGES. 


Fast riding or driving over 481 

BUILDINGS. 

Disinfecting Sec. 1-4 


Page 

531 

607 

611 

609 

632 

532 

533 
535 

535 

536 

537 

529-531 


535 


533 


518 


523 

644 


CITY OF BEAUMONT. 

III 

C. 

CATTLE. 

Art. 

Page 

See Stock. 

CENSUS. 



Parents, etc., refusing to give informa- 


tion 


510 

Regulating taking of for schools... 


540 

CHILDREN. 

Employment of . 

Sec. 1-3 

542-643 

CLAIMS 

County or City Officers trading In . . 

. . . 264 

509 

COCAINE. 

Regulating sale of 

Sec. 1-4 

546-548 

COCK FIGHTS. 

Prohibiting 

S e c. 1 

543 

COLLECTIONS. 

Officers failing to report 

... 274 

510 

COLLECTOR. 

Issuing occupation tax receipt without 

/ 

affidavit 


507 

D. 

DISEASE. 

Physician knowingly concealing . . . 

... 478d 

542 

Among animals • • 


535 

DISINFECTION. 



Of public buildings 

. Sec. 1-4 

544 

DISTURBING PEACE. 

Defined and punished 

334-337 

511-512 

DRUNKARDS. 

Selling liquor to • • ■ 

. Sec. 1 

543 

DRIVING. 

Fast driving over bridges 


523 

DRUGS. 

Sale of ccaine regulated 

. See. 1-4 

546-543 

DRUNKENNESS. 

In public places 


507 

E. 

EXAMINATIONS. 

Traffic in question for teachers in. 

. . . 1006 a 

539 


IV 


EXTRACTS FROM STATE LAWS 


EXPOSURE. 

Art. 

Page 

See Indecent Publication and Exposure. 


EXTORTION. 



By officers . , 


509 

F. 



FOOD. 

Selling unwholesome 

426 

523 

Pure food law 

Sec. 1-11 524 

-529 

G. 



GAMING. 



Playing at cards 

379-381 513 

-514 

Suppressing . 



Disposing of gambling property 

388g-388m 

515-511 

H. 

« 


HEALTH. 

Occupations injurious to 

422 

523 

. Selling unwholesome food, etc. . 

428 

523 

Physicians concealing disease . 

478d 

542 

Disinfecting public buildings . . . , 

Sec. 1-4 

544 

Selling cocaine 


546-548 


- 


HIDES. 

See Animals. 

HORSE RACES. 

Buying pools on Sec. 5 

See disturbing peace. 


I. 


INTOXICATING LIQUORS. 

Selling to drunkards Sec. 1 

Drinking on trains Sec. 1-2 

Giving or delivering to minor Sec. 1 

INDECENT PUBLICATION AND EXPOSURE. 

Defined and prohibited 363 

INDORSEMENT. 

See Money. 


J. 


JUSTICE OF THE PEACE. 

Failure to Prosecute for Gaming 392 


514 




Sec. 1 

543 


Sec. 1-2 

548 





Sec. 1 

51% 

• 

.. 363 

512 









CITY OF BEAUMONT. 

V 

L. 



LABELS. 

Art. 

Page 

Offenses against 

• • 918a-918e 

537-538 

LANGUAGE. 



Using profane or vulger over phone 

Sec. 1 

549 

See Abusive Language. 



LOTTERY. 



Sale of tickets in 

. . 374 

513 

M. 



MALICIOUS MISCHIEF. 

0 



See Animals. 



MEDICINE. 



Selling unwholesome 

.. 4 23 

523 

METERS. 



Diversion from 

Sec. 1 

'f>4» 

MINOR. 



■giving or delivering liquor to 

Sec.l 

518 

Selling cigarettes and tobacco to . . 

4«'0a 

519 

Permitting in pool rooms 

Sec. 1 

519 

Limiting conviction of 

Sec. 1 

W 

Untieing from legal custody 

. . 625a 

522 

MONEY. 



Issuing bills to pass as 

. . 368-372 

512-51S 

0. 



OFFICERS. 



Refusing to aid 

. . 245 

50!* 

Extortion by 

. . 256 

509 

Trading in County or City Claims .... 

. . 264 

509 

Failing to report collections • 

. . 274 

519 

Failing to inform of gaming 

. . 393 

51S 

ORCHARDS. 

• 


Robbing of 

. . 790 

532 

P. 



PAWNBROKERS. 



Failing to comply with law • • . . 

. . 414 

52* 

PHYSICIANS. 



Knowingly concealing disease 

. . 47Sd 

f42 


VJ 


EXTRACTS FROM STATE LAWS. 


POOL ROOMS. 



Art. 

Page 

Pemitting minors in . . 




519 

POOLS, 





Buying on horse races . 




614 

PUBLICATION. 




See Indecent Publication and 

Exposure. 


PUBLIC PLACE. 





See Disturbing Peace. 

R. . 




RAFFLE, 





Sale of tickets in 




513 

RAILROADS. 





Failing to sound bell or 

whistle . . . 

1010a 

529 

Unlawful boarding of 

trains 


lOlOh 

540 

Drinking on trains . . . 



. Sec. 1-2 

54S 

RIDING. 




Fast, over bridges . . . 



481 

523 


• S. 



X 


SEARCH WARRANTS. 

See Gaming. 
SHOOTING. 

See Disturbing Peace. 

STOCK. 


Dogging when fence insufficient . . . . 

709 

534 

Insufficient fence defined . . . • • 


534 

Herding near residences 

, ... 802 

53 4 

SUNDAY. 



Working on • • 


507-508 

SUPERINTENDENT. 

* 


Approving vouchers, etc 

, ... 1006 

5*9 


T. 

TEACHER’S CERTIFICATES. 

See Superintendent. 

TEXT BOOKS. 

Violation of “Text-book” Act 1025 542 

TOBACCO. 

Selling to Minors 


400a 


510 


CITY OF BEAUMONT. 


VII 

TRADE MARKS. Art. Page 

Offenses against 918a-918e 537-538 

TRAINS. 

See Railroads. 

TRUSTEES. 

Parents etc. refusing to answer 289b 510 

U. 

UNLAWFUL ASSEMBLY. 

Defined and punished 299-314 510-511 

V. 

VAGRANCY. 

Defined and punished Sec. 1 520-522 

W. 

WORKING. 


On Sunday regulated 


196-200 


507-508 



From State Constitution 


From State Constitution 

A. 

ACCUSED PERSONS. Art. Pag 

Rights of,, in criminal cases 10 B. R. 549 

APPROPRIATIONS. 

Shall be made tocorporations by city . „ 3X1 553 

ARMS. 

Right to keep and bear 23 B. R. 550 

ARREST. 

Voters privileged from except 5 VI 552 

B. 

BAIL. 

See Bailable. 

BAILABLE. 


All prisoners bailable, unless 11 B. R. 550 

BONDS. 

Recived for taxes, when . 6 XI 552 

BR'BERY. 


Giving or offering disqualifies for office 5XVI 555 

C. 

CHARTERS. 

Granted by special act when 5 XI 553 

CONDEMNATION. 

Compensation under 17 B. R. 550 

CORPORATIONS. 

Power to tax not to be surrendered, etc 4 VIII 552 

Municipal not to own stock in 3 XI 553 

City shall make no appropriations or do- 
nations to • - . . . . 3 XI 553 

COUPONS. 

May be received for taxes, when........ 6 XI 553 

CRIMINAL PROSECUTIONS. 

Rights of accused persons in 10 B. R. 549 


D. 

DEBT. 

Creation of 5 XI 553 

Cities may levy tax to pay 0 XI 553 

Coupons and bonds received in payment. . 6 XI 552 


' CITY OF BEAUMONT. II 

DISFRANCHISEMENT. Art Pas?e _ 

See Suffrage. 

DONATIONS. 

City shall not make to corporations 3 XI 553 

DUEL. 

Participation, in disfranchises 4 XVI 555 

E. 

ELECTIVE OFFICERS. 

Qualified voters may vote for 3 VI 552 

EXECUTION. 

City property exempt from, when 9 XI 554 

G. 

GRANTS. 

No irrevocable, uncontrollable made 17 B. R. 550 

I. 

INDEPENDENT SCHOOL DISTRICT. 

City may t>e 10 XI 554 

City may levy and collect tax for 10 XI 554 

J. 

JURY. 

* See Trial by Jury. 1 

M. 

MAYOR. 

Qualified voters may vote for.. 3 VI 552 

MUNICIPAL CORPORATIONS. 

May tax railroad property 5 VIII 552 

Has control over streets 7 X 552 

Shall not own stock in or donate to 

private corporations 3 XI 553 

Powers of taxation 5 XI 553 

Power to levy tax for debts 6 XI 554 

Property of exempt when 9 XI 554 

Mayb e independent school district.... 10 XI 554 

May levy chool tax 10 XI 554 

O. 

OATH OF OFFICE. 

Form prescribed 1 XVI 554 


IV FROM STATE CONSTITUTION. 

OFFENSES. Art. Page. 

See Bailable. 

OFFICE. 

Oath of XA I 554 

Giving or offering bribe disqualifies for. . 4 XVI 555 

OFFICERS. 

See Office. 

P. 

PERJURY. 

Oaths etc., taken subject to 5 B. R. 549 

PROPERTY. 

Of city, exempt, when 9 XI 55 4 

PUBLIC USE. 

Property taken for 17 B. R. 550 

R. 

RAILROADS. 

Taxation of by city 5 VIII 552 

Control over street railways 7 X 552 

RELIGIOUS OPINIONS. 

Do not disqualify as witness 5 R. B. 549 

S. 

SEARCHES. 

Unreasonable, forbidden 9 B. R. 549 

SEIZURE. 

Unreasonable, forbidden 9 B. R. 549 

SPECIAL PRIVILEGES. 

Irrevocable or uncontrollable, forbidden 17 B. R. 550 

STREET RAILWAYS. 

Shall obtain consent of local authorities 7 X 552 

STREETS. 

Local authorities control 7 X 552 

SUFFRAGE. 

Who not allowed to vote 1 VI 550 

State and county qualifications 2 VI 551 

Right of voters to vote for Mayor, etc 3 VI 552 

Voters privileged from arrest, when 5 VI 552 

Participation in duel disfranchises 4 XVI 655 


\ 

CITY OF BEAU MO XT. V 

SUFFRAGE. Art. Page. 

Bribery disqualifies for office 5 XVI 555 

Officers hold until successors qualify ... 17 XVI 555 

T. 

TAXATION. 

Power to tax corporations shall not be 

surrendered 4 VIII 552 

Taxation of railroad property 5 VIII o 52 

Power to levy taxes 6 XI 553 

Coupons and bonds receivable as, when.. 6 XI 654 

City property exempt from, when 9 XI 554 

City may levy special school tax 10 XI 554 

Municipal powers of 5 XI 553 

TRIAL BY JURY. 

Right of, remains inviolate 15 B. R. 550 

V. 

VOTERS. 

See Suffrage. 

W. 

5 P.. R. 459 


WITNESSES. 

Religious opinions no disqualification.. 



From Code of Criminal Procedure 


From Code of Criminal Procedure 


ARREST. 

Art. 

Pa, 

Without warrant, when 

247- 

-250-251 

. 558 

When ordered by magistrate 

248 


558 

Persons arrested brought before magis- 



- 

trate 

252 


558 

City may establish for, without warrant 

249 


558 

C. 




CITIZENS. 


• 


Officers may summon to assist 

45 


557 

Duty of officers, in case of refusal to as- 




sist 

45 


557 

CORPORATION COURTS. 




Jurisdiction of 

98- 

929-931 

557- 

May try case at any time 

99 


557 

Rules of procedure in 

930 


559 

Shall not be tried twice for same of- 




fense 

931 


559 

Process of, how directed 

932 


559 

Where process of, may be executed .... 

933 


560 

Docket of, what shall show 

934 


560 

Transcript of docket filed with District 




Clerk 

935 

- 

560 

« 

D. 

A 



DOCKET. 




Of Corporation Court 

934 


560 

Transcript of, filed with District Clerk 

935 


560 

E. 




ESCAPE. 




May arrest without warrant to prevent 

250 


558 




J. 


JEOPARDY. 

See Corporation Court. 
JURISDICTION. 

See Corporation Court. 



CITY OF BEAUMONT. 


M. 


MAGISTRATES. 



Art. 

Pa 

Who are 



41 

556 

Duties of 



42 

556 

Officers to arrest 

when 

ordered by. . . . 

248 

558 

Persons arrested 

to be 

taken before.. 

252 

558 


MAYOR. 

See Corporation Court. 


O. 

OFFICERS. 

See Peace Officers. 

P. 

PEACE OFFICERS. 


Who are ,, 

Duties of 

May summon to assist 

Duties of, if citizens fail to assist 

Penalty for failure to execute process . . 
May arrest without warrant, when .... 
Shall arrest when ordered by magistrate 
May arrest without warrant to prevent 

escape 

May adopt same measures as with war- 
rant 

Shall take arrested persons before mag- 
istrate 

Wlhere process executed 

PROCEDURE. 

See Coporation Court. 

PROCESS. 

Penalty for officers failing to execute 
By Mayor or Recorder, how directed . . . 
Where may be executed 


43 

556 

44 

556 



45 

557 

46 

557 

47 

557 

247 

558 

24S 

558 

250 

558 

251 

558 

252 

558 

933 

560 

47 

557 

932 

559 

933 

560 


RECORDER. 

See Coporation Court. 


R. 


TRANSCRIPT. 


T. 


Of docket filed with District Clerk 


935 


560 


IV 




FROM CODE OF CRIMINAL PROCEDURE. 


W. 


AERANTS. 

<• Art. 

Pajji 

Arests without, when 

247-249-251 

55S 

How directed 

932 

559 

Where executed 

933 

560 





INDEX TO BOND ISSUES 


Index to Bond Issues 

F. 


Fire Station and City Hall Bonds 56 

Funding Bonds — General Indebtedness 1 

M. 

Market House and Fire Station. Bonds 4 

P. 

Paving Bonds 7 

Public Improvement Bonds 6 

. S. 

School Building and Repair Bonds 9 

Sewerage Bonds 8 

W. 

Water Works System Bonds 2 

Wharf Bonds 3 


Chapter Page 
575 
562 

571 

581 

579 

612 

589 

566 

567 







